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SERVICE AGREEMENT

ATOBAN VEHICLE SALE SERVICE AGREEMENT

 

Effective Date: January 1, 2026  

Last Updated: August 13, 2026  

Current Pricing Effective for New Activations: August 13, 2026

 

This Vehicle Sale Service Agreement (the "Agreement") is between you ("Seller," "you," or "your") and Atoban.com ("Atoban," "we," "us," or "our").

 

By submitting a vehicle for listing, selecting a plan, paying an activation fee, approving a listing, providing a payment method, accepting a buyer introduction, or otherwise using Atoban's managed vehicle sale services, you agree to this Agreement, Atoban's Terms of Service, Cancellation & Refund Policy, Privacy Policy, checkout disclosures, and any written plan-specific terms that apply to your listing.

 

If you do not agree, do not activate or use the services.

 

1. APPLICABILITY

 

This Agreement applies to Atoban vehicle listings activated on or after January 1, 2026.

 

The pricing and plan terms accepted when a listing is activated remain applicable to that listing:

 

- Listings activated before August 13, 2026 remain governed by the pricing, service scope, and fee terms accepted at activation, unless Atoban and Seller agree otherwise in writing.

- Listings activated on or after August 13, 2026 are governed by the Agent and Agent Plus pricing in Section 4.

- Listings activated before January 1, 2026 remain governed by the terms in effect at activation unless otherwise agreed in writing.

 

This Agreement does not retroactively change the pricing, billing, cancellation, refund, daily fee, success fee, or other obligations of an existing listing.

 

2. WHAT ATOBAN DOES

 

Atoban provides managed private-party vehicle sale support. Depending on the selected plan, vehicle, market, listing viability, and Seller cooperation, Atoban may provide or coordinate:

 

- Vehicle-data and market research

- A suggested starting price and later pricing recommendations

- Listing preparation and professional copy

- Atoban marketplace publication

- Posting or advertising through selected third-party channels

- Buyer question and message handling

- Buyer screening and scam-risk reduction steps

- Offer organization and negotiation on Seller's behalf

- Seller activity updates and follow-up

- Guidance regarding payment, title transfer, lender payoff, and closing logistics

 

Atoban's managed service is not passive advertising. Results depend on price, condition, mileage, photos, location, title status, history, buyer demand, platform availability, and Seller cooperation.

 

Atoban may decide which channels, workflows, and reasonable methods to use. Not every listed activity will be used for every vehicle.

 

3. IMPORTANT CLARIFICATIONS

 

Atoban is not a motor vehicle dealer, vehicle owner, lender, escrow agent, auctioneer, wholesale buyer, dealership, payment processor, title company, DMV service provider, law firm, tax advisor, or financial advisor.

 

Atoban does not:

 

- Purchase or take ownership of Seller's vehicle

- Take physical possession of Seller's vehicle

- Physically inspect the vehicle unless separately agreed in writing

- Guarantee a sale, final sale price, or sale timeframe

- Guarantee buyer financing, buyer payment, lender payoff, title transfer, or third-party performance

- Provide legal, tax, financial, lender, escrow, title, DMV, mechanical, or insurance advice

 

The vehicle remains with Seller until Seller voluntarily completes a sale and legal transfer. The vehicle sale occurs directly between Seller and Buyer. Atoban facilitates portions of the process but is not a party to the vehicle sale contract.

 

4. CURRENT SERVICE PLANS AND PRICING

 

This Section 4 applies to listings activated on or after August 13, 2026, unless Atoban and Seller agree to different terms in writing.

 

4.1 Agent

 

Activation fee: $29.

 

Agent may include:

 

- Pricing research and starting-price guidance

- Listing preparation and Atoban marketplace listing

- Selected advertising and marketplace support

- Buyer communications handled by Atoban

- Buyer screening

- Negotiation handled by Atoban subject to Seller's final approval

- Seller support and closing guidance

 

For a final sale price of $100,000 or less, the success fee is calculated as follows:

 

success fee = 2.5% of final sale price, with a $399 minimum and $999 maximum

 

For a final sale price above $100,000, the success fee is calculated as follows:

 

success fee = $999 + 2% of the portion above $100,000, with an overall $2,499 maximum

 

4.2 Agent Plus

 

Activation fee: $69.

 

Agent Plus may include the managed services offered under Agent, plus a lower success-fee rate, lower minimum, lower maximum, and additional support or promotion where Atoban determines commercially appropriate.

 

For a final sale price of $100,000 or less, the success fee is calculated as follows:

 

success fee = 1.5% of final sale price, with a $299 minimum and $699 maximum

 

For a final sale price above $100,000, the success fee is calculated as follows:

 

success fee = $699 + 1% of the portion above $100,000, with an overall $1,499 maximum

 

4.3 Rules Applying to Both Plans

 

- The activation fee is separate from the success fee.

- The activation fee does not count toward a success-fee minimum or maximum.

- Both plans may be offered for eligible vehicles at any vehicle value.

- No daily listing fee applies unless a separate written agreement says otherwise.

- No sale through Atoban, no success fee.

- Optional add-ons, advertising, transaction services, and payment-method fees are separate and do not count toward a success-fee minimum or maximum.

 

4.4 Final Sale Price

 

"Final sale price" means the total value the Buyer agrees to pay or provide for the vehicle, including cash, financed amounts, trade value, credits, assumed obligations, or other consideration, before subtracting:

 

- Loan or lease payoff

- Negative equity

- Taxes or registration

- Title, DMV, escrow, inspection, shipping, or closing costs

- Payment-processing or payment-method costs

- Repairs, detailing, or other Seller expenses

 

If non-cash consideration is part of the transaction, Atoban may use the reasonable agreed value stated in the sale documents or other transaction records.

 

4.5 When the Success Fee Is Earned

 

The applicable success fee is earned when Seller completes a sale to a Buyer who was introduced, generated, contacted, managed, negotiated with, or re-engaged through Atoban, an Atoban listing, an Atoban advertisement, Atoban-managed outreach, or Atoban's services.

 

The success fee also remains due if Seller or someone acting for Seller completes the sale outside Atoban with an Atoban-introduced Buyer in order to avoid the fee.

 

No success fee is due when Seller sells to a Buyer independently sourced by Seller without material Atoban involvement, provided Seller supplies reasonable documentation when Atoban requests it to resolve attribution.

 

4.6 Legacy Listings

 

Listings activated before August 13, 2026 remain governed by the plan, activation fee, daily fee if any, success-fee percentage, minimum, maximum, guarantee, and cancellation terms accepted when activated. Prior plan names included Starter, Pro, Max, List & Sell, Atoban Plus, List Your Car, Agent, and Agent Plus. Those prior terms do not apply to new activations after August 13, 2026 unless expressly agreed in writing.

 

5. ACTIVATION FEE

 

The activation fee is charged when Seller selects a plan and activates service. It covers initial onboarding and work that may include vehicle-data review, listing preparation, account setup, communications, pricing review, and operational processing.

 

The activation fee is earned when Atoban begins work and is non-refundable except where required by law or expressly stated in the Cancellation & Refund Policy.

 

Paying the activation fee does not guarantee that Atoban will publish the listing. Publication remains subject to vehicle eligibility, accurate information, acceptable photos, ownership and title review, legal and platform requirements, and Atoban's final listing approval.

 

6. LISTING INTAKE, REVIEW, AND APPROVAL

 

Seller must complete the requested vehicle and condition information and provide acceptable photographs. Atoban may create a draft listing that remains pending and not publicly available until reviewed.

 

Atoban may reject, remove, or request replacement of photos or content that are unrelated, misleading, poor quality, duplicated, unlawful, offensive, unsafe, copyrighted by another party, or inconsistent with the vehicle.

 

Seller must review listing information and promptly report errors. Atoban may correct formatting, spelling, data normalization, image order, and obvious inconsistencies. Material changes to vehicle condition, title history, mileage, price, or Seller representations may require Seller confirmation.

 

7. VEHICLE DATA, MARKET DATA, AND AI-ASSISTED TOOLS

 

Atoban may obtain vehicle specifications, VIN decode information, market listings, valuation indicators, and other data from Seller, public sources, vehicle-data providers, marketplaces, APIs, CRM records, and software vendors.

 

Third-party vehicle and market data may be incomplete, delayed, duplicated, or inaccurate. Comparable listings are asking prices and may not represent completed-sale prices, trade-in values, wholesale values, or guaranteed Buyer offers.

 

Atoban may use automated and AI-assisted tools to summarize data, draft listing copy, organize inquiries, prepare recommendations, and support operations. Atoban does not promise that automated output is error-free. Seller must report known inaccuracies, and Atoban may require human review before publication or a material pricing decision.

 

8. OPTIONAL VEHICLE HISTORY REPORTS

 

Seller may choose one of the following optional add-ons where commercially available and permitted by the provider:

 

- CARFAX vehicle history report procurement: $49.99

- AutoCheck vehicle history report procurement: $39.99

 

The history report fee is separate from activation fees, success fees, advertising, closing, and payment-method fees. It is non-refundable once Atoban orders the report or incurs the provider cost.

 

Atoban does not accept Seller-uploaded vehicle history reports for listing publication or verification. If a report is displayed, linked, summarized, or referenced in an Atoban listing, it must be obtained by Atoban from an authorized provider and used only as permitted by that provider's commercial terms.

 

A vehicle history report is optional and is not a physical or mechanical inspection. The provider controls the report's data, format, availability, delivery, trademarks, and permitted use. Atoban does not guarantee that a report is complete or accurate. Seller must disclose all known material history even if it does not appear in a report.

 

9. OTHER OPTIONAL UPGRADES AND PAID SERVICES

 

Atoban may offer additional advertising, listing refreshes, inspections, photography, transportation, closing support, or other add-ons. These services are optional unless separately agreed and are charged in addition to activation and success fees.

 

An add-on fee becomes non-refundable when Atoban begins the work, submits an order, launches a campaign, or incurs a third-party cost. Paid advertising may increase exposure but does not promise a particular number of views, inquiries, offers, or a sale.

 

10. PRICING STRATEGY

 

Atoban may recommend an initial listing price based on available comparable listings, vehicle information, condition, history, mileage, location, market demand, and Seller goals.

 

Atoban may later recommend price changes based on days on market, listing views, questions, offers, comparable listings, and observed buyer response. Starting high and reducing over time does not promise a sale or a specific result.

 

Seller authorizes Atoban to publish the price Seller approves. Seller may approve, reject, or propose a different starting price, subject to Atoban's right to decline or pause a listing that is materially inconsistent with a reasonable market strategy.

 

Atoban may make a price change without additional approval only if Seller has previously accepted a written managed-pricing authorization describing the notice process and Seller's right to object before the change. Otherwise, a material price change requires Seller approval.

 

11. SELLER RESPONSE AND COOPERATION

 

Seller agrees to respond reasonably promptly to Atoban's requests concerning vehicle information, photographs, buyer questions, offers, pricing, inspections, title, payoff, and closing.

 

If Seller becomes unresponsive, keeps the vehicle unavailable, declines to answer material buyer questions, repeatedly rejects reasonable listing requirements, or otherwise prevents Atoban from performing the selected service, Atoban may pause follow-up, automation, buyer outreach, advertising, or the listing until Seller responds.

 

Atoban may terminate a listing where continued service is commercially unreasonable or creates legal, payment, fraud, safety, platform, or reputational risk.

 

12. BUYER COMMUNICATION AND NEGOTIATION AUTHORIZATION

 

Seller authorizes Atoban to communicate with prospective Buyers about the vehicle and to receive, organize, and relay questions and offers.

 

Atoban may communicate through the Atoban Website, seller dashboard, email, SMS, phone, social media, third-party marketplaces, and other reasonable channels. Atoban may ask questions, clarify Buyer type, request proof of funds or financing information, screen obvious fraud, and negotiate within Seller-approved parameters.

 

Atoban may recommend accepting, rejecting, or countering an offer, but Seller retains control of the final decision. Atoban may not bind Seller to sell the vehicle unless Seller separately grants clear written authority that is legally sufficient.

 

Seller contact details may be withheld until reasonably needed for an accepted offer, inspection, test drive, payment, title transfer, or closing.

 

13. OFFERS AND BUYER QUESTIONS

 

An offer displayed or relayed by Atoban is not proof of funds, financing approval, a deposit, a completed sale, or a binding vehicle purchase agreement unless Seller and Buyer separately enter an enforceable agreement.

 

Seller is responsible for reviewing and responding to offers. A rejected or expired offer is no longer open for acceptance unless the Buyer renews it. A Seller counteroffer is a new proposal and may be accepted, rejected, ignored, or countered by the Buyer.

 

Seller is responsible for answering material questions truthfully. Atoban may record and relay Seller's answer to prospective Buyers and may use the answer to update the listing where appropriate.

 

14. BUYER SCREENING LIMITS

 

Atoban may use reasonable screening steps, but does not perform comprehensive legal, financial, licensing, solvency, criminal, identity, payment, or compliance due diligence on every private Buyer, dealer, wholesaler, business, broker, or other purchaser.

 

Seller decides whether to meet, trust, negotiate with, accept payment from, sign with, release a vehicle to, or complete a transaction with a Buyer. Seller should stop the transaction if any person, payment method, document, or process appears unsafe or suspicious.

 

15. SELLER RESPONSIBILITIES

 

Seller represents and agrees that:

 

- Seller is the lawful owner or has legal authority from the lawful owner to list and sell the vehicle.

- The vehicle is available for sale and legally transferable.

- All information provided is accurate and not misleading.

- Seller will disclose known defects, damage, title brands, odometer issues, accidents, liens, leases, loans, payoff balances, negative equity, and transfer restrictions.

- Seller will keep mileage, availability, condition, and payoff information current.

- Seller will maintain appropriate insurance and legal registration until transfer.

- Seller will not use Atoban's work or Buyer introductions to avoid a valid fee.

- Seller will notify Atoban promptly if the vehicle is sold, traded, withdrawn, stolen, damaged, or no longer available.

 

Seller is solely responsible for required legal disclosures, taxes, emissions or smog requirements, registration, title documents, bill of sale, lien satisfaction, and compliance with applicable vehicle-sale law.

 

16. LOANS, LEASES, LIENS, AND NEGATIVE EQUITY

 

Seller must disclose any loan, lease, lien, payoff balance, title hold, or transfer restriction before listing approval and must update the information if it changes.

 

Seller is responsible for obtaining a current payoff, confirming payoff instructions and expiration dates, determining whether Seller must bring funds to closing, and confirming when the lender will release title or lien.

 

Atoban does not arrange deficiency financing, guarantee lender cooperation, or promise that a sale will cover the payoff. Fees validly earned remain owed even if Seller cannot complete a transaction because of negative equity, lender requirements, title delay, or lack of funds, except where applicable law requires otherwise.

 

17. CLOSING, PAYMENT, ESCROW, AND TRANSACTION SERVICES

 

Atoban may recommend or help coordinate independent third-party payment, escrow-style, identity-verification, lender-payoff, title, inspection, shipping, DMV, or closing services.

 

Escrow and similar transaction services are optional unless Seller and Buyer agree to use them or a legal, lender, title, or risk requirement makes a particular service necessary.

 

All third-party transaction costs are separate from Atoban's activation and success fees unless Atoban expressly states otherwise in writing. Seller and Buyer must decide who will pay those costs.

 

Use of a third-party service is governed by that provider's terms, fees, requirements, and timelines. Atoban does not control and is not responsible for the provider's pricing, delay, error, approval, denial, verification decision, fund release, title handling, payoff handling, restriction, or outcome.

 

18. VEHICLE SALE PAYMENT RISK

 

Seller is responsible for deciding which vehicle purchase payment method to accept and for independently confirming final and available funds with Seller's financial institution before releasing the vehicle, title, keys, signed documents, or possession.

 

Payment methods including cash, cashier's checks, certified checks, personal or business checks, dealer checks, wire transfers, ACH transfers, peer-to-peer transfers, lender payoffs, dealer payoffs, deposits, and third-party payments may involve fraud, reversal, hold, delay, or nonpayment risk.

 

Atoban is not responsible for counterfeit or forged instruments, stopped or reversed payments, failed transfers, payment holds, Buyer default, payoff failure, lien-release delay, title delay, or Seller's decision to release property before the transaction is completed to Seller's satisfaction.

 

19. SUCCESS-FEE PAYMENT

 

Seller must notify Atoban promptly when a sale is agreed or completed and provide reasonable records confirming the final sale price and Buyer identity. Reasonable records may include a bill of sale, purchase agreement, payment record, title-transfer record, Buyer confirmation, or other transaction evidence.

 

The success fee is due when the sale closes or when Seller receives or becomes entitled to receive consideration for the vehicle, unless Atoban provides different written instructions.

 

Atoban may send an invoice or payment link and may charge a valid payment method on file to the extent Seller previously authorized that charge.

 

20. ACH AND CREDIT-CARD PAYMENT OF SUCCESS FEES

 

ACH bank payment is Atoban's standard payment method for success fees and carries no additional Atoban payment-method fee.

 

Seller may be offered the option to pay a success fee by eligible credit card. If Seller chooses eligible credit-card payment, Atoban may charge an additional credit-card payment fee equal to 3% of the success-fee payment.

 

Where applicable law, card-network rules, or Atoban's actual cost of credit-card acceptance requires a lower fee, Atoban will reduce the credit-card payment fee to the lowest permitted amount. Atoban will disclose and itemize the fee before Seller authorizes payment.

 

The credit-card payment fee:

 

- Applies only to an eligible credit card used to pay the success fee

- Does not apply to ACH

- Does not apply to debit cards or prepaid cards

- Is separate from the success fee

- Does not count toward or increase a success-fee minimum or maximum

- May be unavailable where surcharging is prohibited or operational requirements cannot be met

 

Atoban may require ACH or another lawful payment method if credit-card payment is unavailable.

 

21. PAYMENT AUTHORIZATION AND STORED PAYMENT METHODS

 

By providing a payment method and accepting the applicable checkout authorization, Seller authorizes Atoban and its payment processor to store payment credentials where permitted and charge valid amounts owed under this Agreement, including activation fees, success fees, selected add-ons, paid advertising, eligible credit-card payment fees, unpaid balances, and other properly disclosed amounts.

 

Atoban will not treat a stored payment method as unlimited authority to charge amounts that were not agreed, earned, or properly disclosed. Seller remains responsible for valid amounts owed even if a stored method expires, is declined, becomes unavailable, or cannot be charged.

 

22. FAILED PAYMENTS AND LATE AMOUNTS

 

If a valid payment fails, the underlying amount remains owed. Seller must promptly provide a working payment method after notice.

 

Atoban may pause or terminate active services, continue reasonable collection attempts, and use lawful collection remedies. Any late fee, processor cost, collection cost, attorney fee, or administrative recovery charge applies only if stated in an accepted agreement and permitted by law.

 

23. CANCELLATION

 

Seller may request cancellation by emailing team@atoban.com from the email associated with the listing or by using a supported cancellation control.

 

After cancellation:

 

- Atoban may begin deactivating managed advertising and outreach.

- Activation fees remain non-refundable after work begins, except where required by law.

- Add-on costs already incurred remain owed.

- Valid unpaid balances remain owed.

- A success fee remains due if Seller completes a sale with an Atoban-introduced Buyer or through Atoban-managed activity.

 

Cancellation stops future service work but does not erase valid fees already earned or costs already incurred.

 

24. SALE AFTER CANCELLATION AND NON-CIRCUMVENTION

 

Seller may not cancel, hide a sale, use another person or business, move communications off-platform, or complete a transaction directly with an Atoban-introduced Buyer for the purpose of avoiding the success fee.

 

If a Buyer introduced during the active service later purchases the vehicle, the applicable success fee remains due. Seller must notify Atoban and provide reasonable sale documentation.

 

This section does not create a success fee for a genuinely independent Buyer with no material Atoban involvement.

 

25. CHARGEBACKS AND PAYMENT DISPUTES

 

A chargeback, bank reversal, or payment dispute does not cancel an otherwise valid amount owed.

 

If Atoban prevails in a dispute involving a valid charge, Seller remains responsible, to the extent permitted by law, for the original amount and reasonable processor, card-network, bank, arbitration, collection, filing, and legal costs actually incurred.

 

Knowingly false or bad-faith payment disputes may result in service termination, refusal of future service, lawful collection activity, and other remedies available under law.

 

26. LISTING TERM

 

A listing may remain active until sold, cancelled, withdrawn, paused, or terminated. "Until sold" does not mean permanent publication or guaranteed continuous advertising on every channel.

 

Atoban may pause an internally inactive, sold, cancelled, unavailable, unresponsive, legally risky, or operationally unsuitable listing even if a public archival page remains visible. Internal automation and Seller follow-up may stop when a vehicle is marked sold, cancelled, unavailable, or otherwise inactive.

 

Atoban may retain a public sold or archival listing for portfolio, search, market-history, lead-generation, and recordkeeping purposes, provided Atoban may label its availability status as appropriate.

 

27. TERMINATION BY ATOBAN

 

Atoban may pause, suspend, remove, or terminate a listing or account for:

 

- Nonpayment or failed payment authorization

- Inaccurate, incomplete, or misleading information

- Unavailable or legally nontransferable vehicle

- Undisclosed title, loan, lease, lien, payoff, damage, or history issue

- Seller nonresponse or noncooperation

- Fraud, safety, legal, platform, payment, operational, or reputational risk

- Circumvention or breach of an applicable agreement

 

Termination does not eliminate valid fees earned or owed before termination. Refund rights, if any, are governed by the Cancellation & Refund Policy and applicable law.

 

28. COMMUNICATIONS AND ELECTRONIC CONSENT

 

Seller consents to transactional emails, SMS messages, calls, seller-dashboard notices, and other electronic communications concerning onboarding, photos, listing review, pricing, questions, offers, activity, payment, closing, cancellation, support, and disputes.

 

Seller agrees that electronic acceptance, checkout acceptance, button acceptance, and electronic records may be used to form and document this Agreement to the extent permitted by law.

 

Marketing communications are separate and subject to applicable consent and opt-out requirements. Opting out of marketing does not stop necessary service communications.

 

29. PRIVACY AND CONTACT INFORMATION

 

Atoban may collect and process Seller information, vehicle information, VIN and plate data, mileage, location, condition information, photos, history information, market data, listing activity, communications, buyer questions, offers, payment records, and sale records to provide services, document activity, prevent misuse, improve operations, and respond to disputes.

 

Atoban may withhold Seller's personal contact information from prospective Buyers until Seller authorizes disclosure or sharing becomes reasonably necessary for an accepted offer, inspection, test drive, payment, title transfer, shipping, or closing.

 

Atoban's Privacy Policy provides additional information about data practices.

 

30. THIRD-PARTY PLATFORMS

 

Atoban may use third-party marketplaces, advertising networks, data providers, CRM systems, communication tools, payment processors, analytics services, AI providers, and software vendors.

 

Atoban does not control third-party outages, policy changes, listing removals, ad rejection, account restrictions, incorrect data, Buyer behavior, processor decisions, bank decisions, or service delays. Atoban may change listing strategy or vendors when necessary.

 

31. NO GUARANTEE OF SALE OR RESULT

 

Atoban does not guarantee that the vehicle will sell, sell within a particular time, receive a particular number of inquiries or offers, or sell at a particular price.

 

Market conditions, price, condition, history, mileage, location, photos, title status, payoff, seasonality, buyer financing, platform performance, and Seller cooperation affect results. Past sales, savings examples, marketing claims based on prior results, and customer stories are not promises of future performance.

 

32. NO PROFESSIONAL ADVICE

 

Operational guidance from Atoban is not legal, tax, financial, lending, title, escrow, DMV, mechanical, insurance, or investment advice.

 

Seller is responsible for confirming applicable sale, disclosure, title, registration, tax, emissions, smog, loan, lien, insurance, and transfer requirements and should consult qualified professionals when needed.

 

33. LIMITATION OF LIABILITY

 

To the maximum extent permitted by law, Atoban's total liability for any claim arising from this Agreement, the listing, the vehicle, a Buyer introduction, a payment, a payoff, a title transfer, or the services will not exceed the total fees Seller paid to Atoban for the applicable listing.

 

To the maximum extent permitted by law, Atoban will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profit, vehicle depreciation, lost sale opportunity, failed transaction, Buyer default, dealer default, lender delay, title delay, payoff delay, payment fraud, platform failure, or loss resulting from Seller's selected payment or closing method.

 

Some jurisdictions do not permit particular limitations, so these limitations apply only to the extent permitted by law.

 

34. INDEMNIFICATION

 

To the extent permitted by law, Seller agrees to defend, indemnify, and hold harmless Atoban and its owners, employees, contractors, agents, affiliates, vendors, and service providers from third-party claims, losses, liabilities, costs, and reasonable expenses arising from:

 

- Seller's vehicle, content, conduct, or transaction

- Inaccurate information, misrepresentation, or omitted disclosure

- Title, ownership, loan, lease, lien, payoff, registration, or transfer issues

- Seller's violation of law or another person's rights

- Seller's chosen payment or closing method

- Seller's dispute with a Buyer or third-party provider

- Circumvention or breach of this Agreement

 

35. DISPUTE RESOLUTION AND ARBITRATION

 

Before filing arbitration, Seller and Atoban agree to attempt in good faith to resolve a dispute informally for at least 30 days after written notice describing the dispute and requested resolution.

 

To the fullest extent permitted by law, unresolved disputes arising from this Agreement or Atoban's services will be resolved by individual binding arbitration. Seller and Atoban waive a jury trial and participation in a class action, class arbitration, collective action, or representative proceeding.

 

This section does not prevent an available small-claims action, emergency injunctive relief, or lawful collection remedy where permitted.

 

36. GOVERNING LAW

 

This Agreement is governed by the laws of the state in which Atoban is legally organized, without regard to conflict-of-law principles. Mandatory consumer protections that cannot lawfully be waived remain applicable.

 

If a provision is held unenforceable, the remaining provisions remain in effect and the affected provision will be enforced to the maximum lawful extent.

 

37. CHANGES TO THIS AGREEMENT

 

Atoban may update this Agreement prospectively. An update does not retroactively change pricing or earned obligations for an already activated listing unless Seller and Atoban agree in writing.

 

Atoban may require acceptance of updated terms for a new listing, reactivation, upgrade, material service change, or continued service after appropriate notice.

 

38. ENTIRE AGREEMENT AND ORDER OF CONTROL

 

This Agreement, together with Atoban's Terms of Service, Cancellation & Refund Policy, Privacy Policy, checkout disclosures, and written plan-specific terms, forms the agreement concerning the listing and managed sale services.

 

For listing-related matters, this Agreement controls over the general Terms of Service. A later written plan-specific agreement signed or electronically accepted by Seller controls over inconsistent general language for that listing. Mandatory law controls over all documents.

 

No oral statement changes this Agreement unless Atoban confirms the change in writing.

 

39. CONTACT

 

Questions, cancellation requests, dispute notices, and legal notices concerning this Agreement may be sent to:

 

team@atoban.com

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