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SMS Terms and Conditions
BigIron - 1-800-937-3558
Last Modified: June 7, 2022
Please fully and carefully read these SMS Terms and Conditions. These SMS Terms and Conditions contain an arbitration agreement and a class action waiver
By entering or permitting others to enter your mobile phone number(s) in any Big Iron Auction Company (“BigIron”) service, technology or platform that includes automated messaging functionality (collectively, “SMS Service”),
- You acknowledge and represent to BigIron that you are the current wireless service plan subscriber and/or an authorized user of the mobile phone number(s) that you link to (sign up to receive) the text alert/automated messages service, or you have been granted permission by the wireless service plan subscriber and/or authorized user of the mobile phone number(s) to enroll the mobile phone number(s) in the service.
- You acknowledge that you are 18 years of age or older.
- You grant BigIron and its affiliates express permission to send automated text messages (“Text Messages”) to the enrolled mobile phone number(s) through your wireless phone carrier for marketing and non-marketing purposes unless and until such permission is revoked by you contacting BigIron Customer Service by calling toll free at 1-800-937-3558 or by emailing email@example.com in accordance with these SMS Terms and Conditions.
- By granting such permission to BigIron, you are hereby requesting to receive Text Messages even if your mobile phone number(s) may otherwise be on the federal, or a state's, Do Not Call List and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request for or related to the SMS Service program you enroll in; and
- You are required to agree to receive select Text Message in order to submit an auction bid.
The SMS Service provides mobile subscribers with updates related to auctions in which they are a bidder; bidders are required to accept SMS texts to participate in a BigIron Auction. When you register, you will be required to verify your mobile phone number through text. Once you have submitted this verification, you will begin receiving Text Messages related to the auction in which you are a bidder. You can go to “My Account” on www.bigiron.com and adjust the auction events for which you would like to receive text alerts, for example, you may request to be notified via text if you are outbid during an auction. However, you may not opt out of messages associated with invoicing or payments for any items that you win. If after completing payment for all items won, you would like to opt out of payment related text messages and forfeit your bidding privileges, please contact BigIron Customer Service by calling toll free at 1-800-937-3558 or by emailing firstname.lastname@example.org. You may opt out of all other Text Message categories, such as when you are out-big, when you are the winning bidder, when an auction begins, when an item you have bid on receives a new bid, when your items are listed, when your items sell, when your items are held, and when your items are selling soon. To change these alert settings, go to “My Account” on www.bigiron.com and click on “Change Alert Options and Privacy.”
There are no premium charges for receiving notification/information messages about BigIron products and services, however, your carrier may have standard message and data rates that apply.
Message frequency may vary. BigIron reserves the right to change the short code or phone number from which Text Messages are sent. The number of BigIron Text Messages that you receive will vary depending on which BigIron text messaging alert programs you sign up to receive Text Messages and the frequency of Text Messages sent by those programs.
Supported carriers may change from time to time, but currently include AT&T, Verizon Wireless, Sprint, and T-Mobile USA, and various minor service providers.
To opt out of receiving Text Messages from the SMS Service, text STOP to 96058. You can also manage your message settings through your account on BigIron’s website. Please note that you may not opt out of receiving bid-related Text Messages. If after completing payment for all items won, you would like to opt out of payment related text messages and forfeit your bidding privileges, please contact BigIron Customer Service by calling toll free at 1-800-937-3558 or by emailing email@example.com.
For support or information about our SMS Service, send an email to firstname.lastname@example.org with your request or question or text HELP to 96058.
Copyrights and Trademarks
The SMS Service, and all content available through the SMS Service, is protected by copyright and other intellectual property rights. No portion of the SMS Service may be copied, republished, transmitted, displayed or distributed in any way without BigIron’s prior written consent. Any such use of the SMS Service's content for any purpose not authorized by BigIron in writing is a violation of the copyrights of BigIron. You agree to use the SMS Service only as authorized by BigIron. All trademarks, service marks, logos and trade names on the SMS Service, whether registered or unregistered, are proprietary to BigIron. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of BigIron.
BigIron makes no representations or warranties whatsoever regarding Text Messages or the SMS Service. BigIron hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT BIGIRON AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES UNDER THESE SMS TERMS AND CONDITIONS OR IN ANY WAY RELATED TO THE SMS SERVICE OR TEXT MESSAGES, EVEN IF BIGIRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE WIRELESS PHONE CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES. FURTHERMORE, BIGIRON SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, ACTS OR OMISSIONS BY WIRELESS PHONE CARRIERS OR ACTS OR OMISSIONS THAT CAUSE DELAYS IN THE TRANSMISSION OF TEXT MESSAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BIGIRON AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AFFILIATES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), JUDGMENTS OR PENALTIES OF ANY KIND OR NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SMS SERVICE OR RECEIPT TEXT MESSAGES IN CONNECTION WITH SMS SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT.
Arbitration and Class Action Waiver
IN THE EVENT YOU AND BIGIRON (OR ANY AFFILIATE OF BIGIRON) HAVE ANY DISPUTE RELATING TO YOUR USE OF ANY SMS SERVICE, YOUR RECEIPT OF TEXT MESSAGES OR THESE SMS TERMS AND CONDITIONS (“DISPUTE”), YOU AND BIGIRON AGREE TO BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE FEDERAL ARBITRATION ACT (“FAA”), AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY. INSTEAD, A NEUTRAL ARBITRATOR WILL DECIDE AND THE ARBITRATOR’S DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FAA. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY AREN’T ALLOWED; AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY SUCH LAWSUITS, ARBITRATIONS, ACTIONS AND PROCEEDINGS IN CONNECTION WITH ANY DISPUTE.
- MAIL A NOTICE OF DISPUTE FIRST.IF YOU HAVE A DISPUTE, YOU MUST SEND A NOTICE OF DISPUTE BY U.S. MAIL TO BIGIRON AT: P.O. BOX 266, 213 BEAVER STREET, ST. EDWARD NE, 68660-0266
- ARBITRATION PROCEDURE. THE AAA WILL CONDUCT ANY ARBITRATION UNDER ITS COMMERCIAL ARBITRATION RULES (OR IF THE VALUE OF THE DISPUTE IS $75,000 OR LESS, ITS CONSUMER ARBITRATION RULES). IN A DISPUTE INVOLVING $25,000 USD OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON HEARING INSTEAD. ANY IN-PERSON HEARING WILL TAKE PLACE IN LOS ANGELES, CA. THE ARBITRATOR MAY AWARD THE SAME DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD, SUBJECT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE SMS TERMS AND CONDITIONS. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY TO YOU INDIVIDUALLY TO SATISFY YOUR INDIVIDUAL CLAIM, SUBJECT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE SMS TERMS AND CONDITIONS AND SUBJECT TO SUBSECTION 8 BELOW.
- MUST FILE WITHIN ONE YEAR. YOU AND BIGIRON MUST FILE IN ARBITRATION ANY DISPUTE (EXCEPT INTELLECTUAL PROPERTY DISPUTES) WITHIN ONE YEAR FROM WHEN IT FIRST COULD BE FILED. OTHERWISE, IT’S PERMANENTLY BARRED.
- REJECTING FUTURE ARBITRATION CHANGES. YOU MAY REJECT ANY CHANGE BIGIRON MAKES TO THIS ARBITRATION AGREEMENT (OTHER THAN ADDRESS CHANGES) BY SENDING US NOTICE WITHIN 30 DAYS OF THE CHANGE BY U.S. MAIL TO THE ADDRESS LISTED IN SECTION (B) ABOVE. IF YOU DO, THE MOST RECENT VERSION OF THIS ARBITRATION AGREEMENT BEFORE THE CHANGE YOU REJECTED WILL APPLY.
- SEVERABILITY. IF THE CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THOSE PARTS WON’T BE ARBITRATED BUT WILL PROCEED IN COURT, WITH THE REST PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED BUT THE REST OF THIS ARBITRATION AGREEMENT STILL APPLIES.
- CONFLICT WITH AAA RULES. THIS AGREEMENT GOVERNS IF IT CONFLICTS WITH THE AAA’S COMMERCIAL ARBITRATION RULES OR CONSUMER ARBITRATION RULES.
- BIGIRON AFFILIATES ARE THIRD-PARTY BENEFICIARIES. BIGIRON AND OTHER AFFILIATES OF BIGIRON ARE NOT PARTIES TO THIS ARBITRATION AGREEMENT BUT ARE INTENDED THIRD-PARTY BENEFICIARIES OF YOUR AGREEMENT WITH US TO RESOLVE DISPUTES THROUGH ARBITRATION.
- Nothing in these SMS Terms and Conditions will be interpreted to waive your right to seek public injunctive relief under California’s consumer protection statutes.
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
These SMS Terms and Conditions are to be governed by and construed in accordance with the law of the State of Nebraska, without reference to its conflicts of law rules.
BigIron reserves the right to change these SMS Terms and Conditions or cancel the SMS Service at any time, subject to your ability to reject changes to the Class Action Waiver and Binding Arbitration Section as expressly set forth therein. Your continued use of the SMS Service or acceptance of Text Messages from BigIron after changes are made to these SMS Terms and Conditions will be deemed acceptance of these SMS Terms and Conditions as modified by the posted changes. Therefore, please check these SMS Terms and Conditions on a regular basis.