Mobile Terms of Service

The FORTUNA mobile message service (the “Service”) is operated by FORTUNA (“FORTUNA”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

1. Consent

By consenting to FORTUNA’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of FORTUNA through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., auction alerts and notifications, registration prompts, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers.

2. Voluntary Participation

You understand that you do not have to sign up for this program in order to participate in any auction, make any bid, or make any purchases, and your consent is not a condition of any registration, bid, or purchase with FORTUNA. Your participation in this program is completely voluntary.

3. Costs

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

4. Opting Out

You may opt-out of the Service at any time. Text the single keyword command STOP to FORTUNA or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other FORTUNA mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

5. Service Support

For Service support or assistance, text HELP to FORTUNA or email info@fortunaauction.com.

6. Changes and Updates

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

7. Carrier Liability

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

8. Limitation of Liability

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed,