SMS/MMS Mobile Message Marketing Program Terms & Conditions

These SMS/MMS Mobile Message Marketing Program Terms & Conditions (the “Program Terms”) govern participation in Auction Spear LLC’s text messaging program (the “Program”). By opting in, you agree to these Program Terms. Last updated: February 21, 2026
Key Disclosures:
  • Consent is not a condition of purchase.
  • Message frequency: up to 4 messages/month (may vary based on your interactions and preferences).
  • Msg & data rates may apply.
  • Opt out: Reply STOP to cancel. Help: Reply HELP for help.
  • See our Privacy Policy and Website Terms.
On this page

1) Program Sponsor

The Program is offered by Auction Spear LLC (“Auction Spear,” “we,” “us,” “our”). Our Website Terms and Privacy Policy may also apply depending on how you interact with our services. If there is a conflict between these Program Terms and other terms, these Program Terms control for the Program.

2) Eligibility

  • You must be a U.S. resident (or otherwise located in the United States) with a mobile number capable of receiving SMS/MMS.
  • You must be at least 18 years old, or have the consent of a parent/legal guardian who is authorized to opt you in.
  • We do not knowingly market via SMS/MMS to children under 13.

3) Opt-In & Consent

How you opt in. You may opt in by (a) submitting an online/web form, (b) checking a consent box at signup or checkout, (c) providing your number and confirming you want texts, or (d) any other method we clearly present that requires an affirmative action by you.

Your consent. By opting in, you provide your prior express written consent to receive marketing SMS/MMS messages from Auction Spear at the mobile number you provided, which may be sent using an automatic telephone dialing system or similar automated technology. Consent is not required to make any purchase or use core services.

Number ownership/authority. You represent that you are the subscriber of the mobile number you provide (or you are authorized by the subscriber to opt in), and that your opt-in is your electronic signature.

4) Program Content

Program messages may include promotions, announcements, limited-time offers, event notices, platform updates, reminders, and other marketing-related communications about Auction Spear’s services. If you separately opt in to transactional alerts (e.g., auction reminders or account notifications), those may be governed by additional terms or settings.

5) Cost & Frequency

  • Msg & data rates may apply based on your mobile plan.
  • Frequency: up to 4 messages per month; frequency may vary based on your interaction with us (for example, confirming opt-in/opt-out or responding to your requests).

6) Opt-Out & Revoking Consent

Text STOP to cancel. You can opt out of the Program at any time by replying STOP to any Program message. After you opt out, you may receive one additional message confirming your opt-out request.

Other reasonable requests. You may also revoke consent using any other reasonable method that clearly communicates you want to stop receiving Program texts (for example, “unsubscribe,” “cancel,” or a clear request to stop). We will honor valid opt-out/revocation requests within a reasonable time, not to exceed 10 business days.

Rejoining. If you opt out and later want to rejoin, you must opt in again using a Program opt-in method.

7) Help / Support

Reply HELP to any Program message for assistance. You can also contact us via our website contact page: /contact.

8) Carriers, Devices, and Delivery

  • You must have a wireless device capable of two-way messaging and a participating carrier. Not all carriers or devices support SMS/MMS in the same way.
  • Delivery is subject to effective transmission by your carrier and is outside our control. Messages may be delayed or undelivered.
  • Your carrier is not liable for delayed or undelivered messages.
  • If your device or carrier does not support MMS, we may deliver content by SMS (including a text-only message or a link where permitted).

9) Privacy

We use and protect information about you as described in our Privacy Policy. We may share information with service providers that help us deliver messages and operate the Program.

10) Your Responsibility to Keep Your Number Updated

If you change, forfeit, or transfer the mobile number you used to opt in, you agree to opt out of the Program before the change when feasible. This helps prevent messages from being sent to a new number holder.

11) Prohibited Conduct

You agree not to use the Program or respond to Program messages in a way that violates applicable law, infringes rights, or transmits harmful, abusive, fraudulent, or unlawful content. We may suspend or terminate your participation if we reasonably believe you are misusing the Program.

12) Disclaimer of Warranties

The Program is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free delivery.

13) Limitation of Liability

To the maximum extent permitted by law, Auction Spear will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to the Program. Our total liability for any claim related to the Program will not exceed $100 or the amount you paid to us (if any) for the specific service giving rise to the claim, whichever is greater, unless a different limit is required by law.

14) Dispute Resolution (Arbitration; Class Action Waiver)

Please read this section carefully. It affects your legal rights.

Agreement to Arbitrate

Except as allowed below, any dispute, claim, or controversy arising out of or relating to the Program or these Program Terms (a “Dispute”) will be resolved by binding, individual arbitration and not in court, to the fullest extent permitted by law. This arbitration agreement is governed by the Federal Arbitration Act (“FAA”).

Small claims option. You may bring an individual claim in small claims court in the county where you live or where Auction Spear is located, if the claim qualifies.

No class actions. Disputes must be brought on an individual basis. You and Auction Spear waive any right to participate in a class action or class arbitration.

Arbitration administrator and rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules (including consumer rules where applicable).

Location / remote hearings. Unless the parties agree otherwise, arbitration will take place in Dallas County, Texas or may be conducted by videoconference or telephone where appropriate.

Costs. Payment of filing, administration, and arbitrator fees will be governed by the AAA rules and applicable law. The arbitrator may award fees and costs only as permitted by law or contract.

Opt-out of arbitration. You may opt out of this arbitration agreement by sending written notice within 30 days of your first Program opt-in. Your notice must include your name, phone number, and a clear statement that you want to opt out of arbitration for the Program. Send notice to: Auction Spear LLC, Attn: Legal Notices, 7301 State Highway 161, #148, Irving, TX 75039.

Survival. This section survives any termination of the Program or your participation.

15) Changes to These Program Terms

We may update these Program Terms from time to time. The “Last updated” date above will change when we do. If you continue to participate after changes become effective, you agree to the updated Program Terms.

16) Contact / Legal Notices

Website: /contact
Mail (Legal Notices): Auction Spear LLC, Attn: Legal Notices, 7301 State Highway 161, #148, Irving, TX 75039

Tip: You can also forward unwanted messages to 7726 (SPAM) to report spam to many wireless carriers.