Effective Date: April 16, 2025
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO THE BINDING ARBITRATION PROVISIONS AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THE TERMS OF USE AND CONDITIONS. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY. THESE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS ARE EXPLICITLY INCORPORATED INTO THESE ACE SMS TERMS AND CONDITIONS.
SMS Terms and Conditions
These SMS Terms and Conditions (the “SMS Terms”) govern the use and receipt of text messages (“ACE Alerts”) provided by Apex Commercial Exchange, LLC, and, where applicable, its affiliates and authorized sublicensees (collectively, the “Company,” “ACE,” “we,” “us,” or “our”). By enrolling in and receiving ACE Alerts, you consent to be bound by these SMS Terms, which supplement and are hereby incorporated into ACE’s Terms of Use and Privacy Policy.
Electronic Consent (E-SIGN Disclosure)
By providing your mobile number and enrolling in ACE Alerts, you affirmatively consent to the use of an electronic record to document your agreement to these SMS Terms. You may withdraw your consent to receive records electronically at any time by contacting us via email at info@acexchange.com with the subject line “Revoke Electronic Consent.” To access and retain a copy of these SMS Terms or any disclosures, you will need: (i) a device with internet access and a web browser, and (ii) the ability to either print or store documents electronically. To request a paper copy or update your contact information, please email info@acexchange.com with your current contact details and mailing address.
Enrollment and Consent to Receive Messages
You may opt into ACE Alerts by submitting your mobile number during account registration, auction participation, or other designated channels. By enrolling, you (a) confirm your agreement to these SMS Terms and ACE’s Privacy Policy, and (b) authorize ACE and its service providers to send informational and/or promotional messages via automated or non-automated technology. Receipt of promotional messages is not required to obtain any ACE product or service.
Message and Data Rates
ACE does not impose a fee for participation in its SMS program; however, standard messaging and data rates may apply based on your wireless carrier plan. All such charges are your sole responsibility.
Message Frequency
ACE may send an initial confirmation message following your enrollment. The frequency of subsequent messages may vary based on user interaction, notification preferences, and service activity. You may also receive messages in response to your texted commands (e.g., HELP).
Supported Carriers and Delivery
Message delivery is available through major U.S. wireless carriers and certain regional carriers. Participating carriers may vary without notice. ACE is not responsible for delayed, undelivered, or misdirected messages resulting from carrier service limitations. Mobile carriers are not liable for delayed or undelivered messages.
Eligibility
By enrolling in ACE Alerts, you represent and warrant that you are at least 18 years of age and the current subscriber or authorized user of the mobile number provided. You agree to notify ACE promptly at info@acexchange.com if your mobile number changes or is deactivated.
Opt-Out Procedures
You may revoke your consent and unsubscribe from ACE Alerts at any time by replying STOP to any ACE text message. Upon receipt of your opt-out request, you may receive a final confirmation message. To re-enroll, you may text JOIN, START, or another applicable keyword as directed.
Amendments to SMS Terms
ACE reserves the right to amend these SMS Terms at any time in its sole discretion. Any such modifications shall become effective immediately upon posting. Your continued enrollment in or use of the ACE Alerts program following any changes shall constitute your binding acceptance of such revisions.