Terms of Service

01 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Trade Tractor ("we," "us," or "our"), a consulting and transaction support firm operating in the agricultural machinery market, located at 750 Custer Ave, Helena, MT 59602.

Your access to and use of our services, website, reports, assessments, and any other deliverables provided by Trade Tractor constitutes your agreement to be bound by these Terms, including any additional guidelines, policies, and agreements that are incorporated by reference. These Terms apply to all visitors, users, clients, and any other persons who access or use our services.

If you are entering into these Terms on behalf of a business entity, company, or organization, you represent and warrant that you have full authority to bind such entity to these Terms, and all references to "you" in these Terms shall apply to such entity.

We reserve the right to update, amend, or replace any part of these Terms by posting updates to our website. Your continued engagement with our services after any changes constitutes acceptance of the revised Terms.

02 Description of Services

Trade Tractor provides consulting, advisory, and transaction support services related to the purchase, sale, inspection coordination, documentation, compliance, logistics planning, and market analysis of agricultural tractors and related machinery ("Services").

Our Services may include, but are not limited to, the following categories:

• Market Research and Pricing Guidance: We conduct analysis of market conditions, comparable sales data, depreciation benchmarks, and regional pricing trends to provide pricing recommendations for specific equipment. These recommendations are advisory in nature and do not constitute a guarantee of value, appraisal, or warranty of any kind.
• Pre-Purchase Inspection Coordination: We coordinate with qualified third-party inspection services to arrange mechanical and condition assessments of equipment on behalf of our clients. Trade Tractor does not perform inspections directly and is not responsible for the findings, conclusions, or accuracy of third-party inspection reports.
• Sales Strategy and Listing Preparation: We advise owners and dealers on optimal listing presentation, pricing strategy, buyer channel selection, and pre-sale documentation preparation. We do not act as a licensed real estate broker or auctioneer and do not guarantee any specific sale outcome.
• Documentation, Compliance, and Export Support: We assist clients in navigating the documentation requirements associated with agricultural equipment transactions, including title verification, lien clearance, customs documentation, and regulatory compliance. This service does not constitute legal advice, and clients are encouraged to consult qualified legal counsel for jurisdiction-specific legal matters.
• Logistics Planning and Delivery Coordination: We coordinate transportation logistics for agricultural equipment with vetted third-party transport carriers. Trade Tractor is not a licensed freight broker or motor carrier and is not responsible for damage, delay, or loss occurring during transit by third-party carriers.

The specific scope of services for each engagement will be defined in a written service agreement or engagement letter signed by both parties. In the absence of a signed agreement, these Terms govern the relationship.

We reserve the right to decline any engagement request at our sole discretion, without obligation to provide a reason for the declination.

03 Eligibility

To engage Trade Tractor services, you must meet the following eligibility requirements:

• You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
• You must have the legal capacity to enter into binding agreements in your jurisdiction.
• If acting on behalf of a business entity, you must have the authority to bind that entity.
• You must not be prohibited from receiving our services under the laws of any applicable jurisdiction, including but not limited to export control laws, sanctions regimes, or anti-money-laundering regulations.
• You must provide accurate, current, and complete information when submitting inquiries or entering into service agreements.

Trade Tractor reserves the right to verify eligibility at any time and to suspend or terminate services if eligibility requirements are not met or if false information has been provided.

We do not knowingly provide services to entities or individuals subject to sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the United Nations, the European Union, or any other applicable regulatory authority.

04 User Obligations

By engaging Trade Tractor, you agree to the following obligations:

4.1 Accuracy of Information

You agree to provide Trade Tractor with accurate, complete, and truthful information regarding any equipment, transaction, entity, or circumstance relevant to the services you are requesting. Providing false or misleading information is a material breach of these Terms and may result in immediate termination of services without refund of any fees paid.

4.2 Lawful Use

You agree to use our services only for lawful purposes and in compliance with all applicable local, state, federal, and international laws and regulations. You shall not use our services in connection with any transaction that involves fraud, misrepresentation, money laundering, theft, or any other unlawful activity.

4.3 Timely Cooperation

You agree to cooperate with Trade Tractor in a timely manner, providing requested documentation, information, access, and decisions within the timeframes specified in your service agreement. Delays caused by your failure to cooperate may affect service delivery timelines and may not relieve you of payment obligations.

4.4 Independent Decision-Making

You acknowledge that all transaction decisions — including whether to buy, sell, accept a price, select a carrier, or proceed with any action — remain entirely at your discretion. Trade Tractor's recommendations are advisory, and you retain sole responsibility for your business decisions and their outcomes.

4.5 Communication Standards

You agree to communicate with Trade Tractor in a professional and respectful manner. Abusive, threatening, or harassing communication toward any Trade Tractor personnel is grounds for immediate termination of services.

05 Fees and Payment

5.1 Service Fees

Fees for Trade Tractor services will be set forth in the applicable service agreement or engagement letter. Published rate ranges on our website are for informational purposes only and represent starting points; actual fees for any specific engagement will be determined based on scope, complexity, volume, and other relevant factors.

5.2 Payment Terms

Unless otherwise specified in the applicable service agreement, payment is due as follows: (i) for fixed-fee engagements, 50% of the total fee is due upon execution of the service agreement and the remaining 50% is due upon delivery of the final deliverable; (ii) for retainer or ongoing arrangements, fees are due at the beginning of each billing period; (iii) for hourly engagements, invoices are issued monthly and are due within 15 days of the invoice date.

5.3 Late Payment

Overdue amounts shall accrue interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date until paid. Trade Tractor reserves the right to suspend services for any account with outstanding unpaid invoices exceeding 15 days past due.

5.4 Refunds

All fees paid to Trade Tractor are generally non-refundable once work has commenced on an engagement. In the event Trade Tractor is unable to deliver agreed services due to circumstances within our control, we will provide a pro-rated refund for services not yet delivered, at our sole discretion.

5.5 Taxes

Quoted fees do not include applicable taxes. You are responsible for all applicable sales, use, value-added, or similar taxes arising from your engagement with Trade Tractor.

06 Confidentiality

6.1 Client Information

Trade Tractor treats all client-specific information — including transaction details, financial information, equipment specifications, and business strategies — as confidential. We will not disclose such information to third parties without your prior written consent, except as required by law or as necessary to perform the services you have engaged us to provide (e.g., sharing relevant details with a contracted third-party inspector).

6.2 Trade Tractor Proprietary Information

Our methodologies, pricing models, market data compilations, internal processes, and other proprietary information disclosed to you during the engagement are confidential and proprietary to Trade Tractor. You agree not to disclose, reproduce, or use such information for any purpose other than the specific transaction for which it was provided.

6.3 Aggregated Data

Trade Tractor may use aggregated, anonymized data derived from engagements for internal analysis, service improvement, and publication of general market trend information. No client-identifying information will be included in any such use.

6.4 Legal Disclosure Requirements

We may disclose confidential information if required to do so by applicable law, regulation, court order, or government authority, provided that we will, where legally permissible, provide you with prompt notice of such requirement and cooperate with your reasonable efforts to seek a protective order.

07 Intellectual Property

7.1 Ownership of Deliverables

All reports, analyses, market intelligence summaries, documentation templates, and other deliverables prepared by Trade Tractor in connection with your engagement ("Deliverables") remain the intellectual property of Trade Tractor until full payment of all applicable fees has been received. Upon receipt of full payment, you are granted a non-exclusive, non-transferable license to use the Deliverables for your internal business purposes in connection with the specific transaction for which they were prepared.

7.2 No Resale or Distribution

You may not resell, sublicense, publish, or distribute any Deliverables to third parties without the prior written consent of Trade Tractor. Any unauthorized distribution of our proprietary reports or analyses constitutes a material breach of these Terms.

7.3 Website Content

All content on the Trade Tractor website, including text, graphics, logos, illustrations, and software, is the property of Trade Tractor and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any website content without our express written permission.

7.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding our services, you grant Trade Tractor a perpetual, irrevocable, royalty-free right to use such feedback for any business purpose without compensation or attribution to you.

08 Disclaimers

8.1 Advisory Nature of Services

ALL SERVICES PROVIDED BY TRADE TRACTOR ARE ADVISORY IN NATURE. OUR MARKET RESEARCH, PRICING GUIDANCE, INSPECTION COORDINATION, SALES STRATEGY RECOMMENDATIONS, AND LOGISTICS PLANNING ARE BASED ON INFORMATION AVAILABLE AT THE TIME OF ENGAGEMENT AND ARE NOT GUARANTEES OF ANY SPECIFIC OUTCOME.

8.2 Not Legal, Financial, or Appraisal Advice

Our services do not constitute legal advice, financial advice, certified appraisal, or any other professionally regulated advisory service. We strongly recommend that you engage qualified attorneys, accountants, certified appraisers, or other licensed professionals for matters requiring such expertise.

8.3 Third-Party Actions

Trade Tractor is not responsible for the actions, omissions, representations, or performance of any third party involved in a transaction, including but not limited to sellers, buyers, dealers, inspection companies, transport carriers, customs brokers, or financial institutions.

8.4 Market Conditions

Agricultural machinery market conditions can change rapidly. Trade Tractor makes no representation that pricing benchmarks, market analyses, or other data-dependent deliverables will remain accurate or applicable beyond the date of delivery. You acknowledge that market conditions, regulatory requirements, and other relevant factors may change between the time of our analysis and the completion of your transaction.

8.5 As-Is Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADE TRACTOR'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

09 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• TRADE TRACTOR'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR ANY ENGAGEMENT UNDER THEM SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO TRADE TRACTOR IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• TRADE TRACTOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR LOST TRANSACTION VALUE, EVEN IF TRADE TRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• TRADE TRACTOR SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR RELIANCE ON OUR RECOMMENDATIONS, YOUR DECISION TO PROCEED WITH OR ABANDON ANY TRANSACTION, OR THE PERFORMANCE OF ANY THIRD PARTY.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

10 Indemnification

You agree to indemnify, defend, and hold harmless Trade Tractor and its officers, directors, employees, contractors, agents, and representatives from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your breach of any provision of these Terms;
• Your violation of any applicable law or regulation;
• Any misrepresentation or fraudulent information you provide to Trade Tractor;
• Any transaction dispute between you and a third party (including buyers, sellers, dealers, or carriers);
• Your use of our Deliverables in a manner not authorized by these Terms;
• Any claim by a third party arising from your acts or omissions in connection with your engagement with Trade Tractor.

Trade Tractor reserves the right to assume exclusive control of the defense of any matter subject to indemnification, in which case you agree to cooperate with our defense.

11 Third-Party Services

Trade Tractor may engage or recommend third-party service providers in connection with your engagement, including but not limited to inspection companies, transport carriers, customs brokers, and document preparation services. Our engagement of such providers does not create any agency, partnership, or employment relationship between Trade Tractor and such providers.

You acknowledge that third-party providers have their own terms and conditions, and that Trade Tractor is not responsible for their performance, pricing, availability, or compliance with applicable laws. Any contracts you enter into with third-party providers are solely between you and such providers.

Our website may contain links to third-party websites for informational purposes. Trade Tractor does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of any third-party website.

12 Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to attempt to resolve any dispute informally by contacting Trade Tractor at info@trade-tractor.com and providing a written description of the dispute. Trade Tractor will attempt to resolve the matter within 30 calendar days of receiving your written notice.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, any engagement agreement, or any services provided by Trade Tractor shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Helena, Montana, or by video conference if the parties agree.

12.3 Class Action Waiver

You agree that any arbitration or other legal proceeding shall be conducted solely on an individual basis and not as a class action, collective action, or representative proceeding. You expressly waive any right to participate in a class action against Trade Tractor.

12.4 Exceptions

Notwithstanding the above, Trade Tractor may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

13 Governing Law

These Terms and all matters arising from your engagement with Trade Tractor shall be governed by and construed in accordance with the laws of the State of Montana, United States of America, without regard to its conflict of law principles. Subject to the arbitration provisions above, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Lewis and Clark County, Montana, for any matters not subject to arbitration.

If you are engaging Trade Tractor from outside the United States, additional laws of your jurisdiction may apply to certain aspects of your transaction. You are responsible for understanding and complying with all laws applicable in your jurisdiction.

14 Modifications to Terms

Trade Tractor reserves the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on our website with a revised effective date. For ongoing engagements at the time of any modification, the Terms in effect at the commencement of the engagement shall govern for the duration of that specific engagement, unless the parties agree in writing to adopt the updated Terms.

Your continued engagement with Trade Tractor after the effective date of any modifications constitutes your acceptance of the updated Terms for all new engagements initiated after such date.

We recommend that you review these Terms periodically to remain informed of any changes. The "Last Updated" date at the top of this document will reflect the date of the most recent revision.

15 Termination

15.1 Termination by Client

You may terminate a service engagement at any time upon written notice to Trade Tractor. In the event of termination before completion, you shall be responsible for fees accrued for work completed up to the date of termination, plus any third-party costs incurred on your behalf that cannot be cancelled without penalty.

15.2 Termination by Trade Tractor

Trade Tractor reserves the right to terminate any service engagement, with or without cause, upon written notice to you. In the event of termination without cause by Trade Tractor, we will provide a pro-rated refund for any prepaid fees attributable to services not yet delivered as of the termination date. In the event of termination for cause — including but not limited to your breach of these Terms, provision of false information, non-payment, or unlawful conduct — no refund shall be due, and Trade Tractor reserves the right to pursue all available legal remedies.

15.3 Effect of Termination

Upon termination of any engagement, all licenses granted to you with respect to Deliverables that have been paid in full shall survive termination. Provisions of these Terms that by their nature should survive termination — including Sections 6 (Confidentiality), 7 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Dispute Resolution), 13 (Governing Law), and 16 (General Provisions) — shall survive and remain in full force and effect.

15.4 Suspension

Trade Tractor may, in its sole discretion, suspend rather than terminate services if you have outstanding unpaid invoices, if we are investigating a potential violation of these Terms, or if suspension is required by applicable law or a government authority. During any suspension period, you remain responsible for all fees accrued prior to suspension.

16 General Provisions

16.1 Entire Agreement

These Terms, together with any applicable service agreement, engagement letter, or other written agreement executed between you and Trade Tractor, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, representations, negotiations, and agreements, whether written or oral, relating to such subject matter.

16.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision.

16.3 Waiver

No failure or delay by Trade Tractor in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any breach or default shall not be deemed a waiver of any subsequent breach or default of the same or any other provision.

16.4 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms or any service agreement without the prior written consent of Trade Tractor. Trade Tractor may assign its rights and obligations under these Terms to any affiliate, successor entity, or acquirer of all or substantially all of its business or assets without your consent. Any attempted assignment in violation of this provision shall be null and void.

16.5 Force Majeure

Trade Tractor shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, government actions, embargoes, war, civil unrest, cyberattacks, power outages, or failures of third-party service providers. In the event of a force majeure event, we will notify you as soon as practicable and will make commercially reasonable efforts to resume performance.

16.6 No Agency or Partnership

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between Trade Tractor and you. Trade Tractor is an independent contractor. Neither party has the authority to bind the other in any respect.

16.7 Notices

All notices, requests, demands, and other communications required or permitted under these Terms shall be in writing and shall be deemed duly given when delivered by email with confirmation of receipt, or when sent by certified mail, return receipt requested, to the contact information provided by each party. Notices to Trade Tractor should be directed to the contact information set forth in Section 17.

16.8 Construction

These Terms shall be construed without regard to any presumption or rule requiring construction against the party causing these Terms to be drafted. Headings are for convenience only and shall not affect the interpretation of any provision. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation."

16.9 Electronic Signatures and Communications

You agree that electronic signatures, whether transmitted by email, electronic signature platform, or other electronic means, are legally binding and shall have the same force and effect as original handwritten signatures. You consent to receive communications from Trade Tractor electronically, and you agree that such electronic communications satisfy any legal requirement that such communications be in writing.

16.10 Counterparts

Any service agreement or engagement letter executed in connection with these Terms may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Delivery of an executed counterpart by electronic means shall be equally effective as delivery of a manually executed counterpart.

17 Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to provide notice to Trade Tractor in accordance with these Terms, please contact us using the information below. We will make every effort to respond to your inquiry within five (5) business days.

For matters related to dispute resolution, please direct your written notice to the same address or email, clearly marked "LEGAL NOTICE — DISPUTE." For general service inquiries, inspection coordination, or transaction support requests, please use the contact form available on our website.