Terms & Conditions

Last Updated: March 23, 2026

Welcome to Smith Auctions LLC. By accessing our website or using our services, you agree to be bound by these Terms & Conditions. Please read them carefully.

Acceptance of Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you and Smith Auctions LLC ("Company," "we," "us," or "our"). By using our website, submitting a loan application, or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Eligibility

To use our services, you must:

Be at least 18 years of age
Be a legal representative or owner of a business seeking financing
Have the authority to enter into binding contracts on behalf of your business
Provide accurate and complete information during the application process

Services Provided

Smith Auctions LLC is a direct business lender providing various financing products including, but not limited to:

Working capital loans
Revenue-based financing
Equipment financing
Real estate financing
Business expansion loans
Refinancing solutions

All loan products are subject to credit approval. We reserve the right to decline any application at our sole discretion.

Loan Application Process

By submitting a loan application, you:

Authorize us to obtain credit reports and verify information with third parties
Certify that all information provided is true, accurate, and complete
Understand that submitting an application does not guarantee approval
Agree to provide additional documentation if requested

Loan Terms and Conditions

If your application is approved, specific terms will be provided in a separate loan agreement. Those terms will include:

Principal loan amount
Interest rate and annual percentage rate (APR)
Repayment schedule and term length
Fees (origination, processing, late payment, prepayment)
Collateral requirements (if applicable)
Default and remedies

You must review and sign the loan agreement before funds are disbursed. The loan agreement supersedes any prior communications regarding loan terms.

Fees and Charges

Our lending products may include various fees, which will be clearly disclosed before you accept a loan offer. These may include:

Origination fees
Processing fees
Late payment fees
NSF (non-sufficient funds) fees
Prepayment penalties (if applicable)

Repayment Obligations

You are responsible for making timely payments according to the repayment schedule outlined in your loan agreement. Failure to make payments may result in:

Late fees and penalties
Negative impact on your credit score
Collection activities
Legal action
Acceleration of the full loan balance

SMS Terms & Conditions

If you opt in to receive SMS or text messages from Smith Auctions LLC, the following additional terms apply:

Consent to Receive Messages

By providing your mobile phone number and checking the SMS opt-in box, you expressly consent to receive recurring marketing and promotional SMS/MMS messages from Smith Auctions LLC sent using an automated telephone dialing system (ATDS). These messages may include offers, updates, and information about our financial products and services.

Message Frequency and Rates

Message frequency varies. You may receive up to 4 messages per month. Message and data rates may apply based on your mobile carrier's plan. Standard messaging and data rates from your carrier will apply to each message sent or received.

Opt-Out and Help

You may opt out of receiving SMS messages at any time by replying STOP to any message from Smith Auctions LLC. You will receive a confirmation message that you have been unsubscribed. For assistance, reply HELP or contact us at judy@smithauctioneers.com.

Not a Condition of Service

Consent to receive SMS messages is NOT a condition of purchase or receiving financial services from Smith Auctions LLC. You may decline SMS communications and still apply for and receive lending services.

Carrier Liability

We are not liable for delayed or undelivered messages. Wireless carriers are not liable for delayed or undelivered messages.

Supported Carriers

SMS services are available on most major U.S. carriers. Message delivery may vary by carrier and location.

Website Use

You agree to use our website only for lawful purposes. You may not:

Attempt to gain unauthorized access to our systems
Transmit viruses, malware, or other harmful code
Scrape, harvest, or collect data without permission
Impersonate another person or entity
Interfere with the proper functioning of the website

Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Smith Auctions LLC and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

Limitation of Liability

To the fullest extent permitted by law, Smith Auctions LLC shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of our website or services. Our total liability shall not exceed the amount of fees paid by you to us.

Indemnification

You agree to indemnify and hold harmless Smith Auctions LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our services shall be resolved exclusively in the courts located in St. Croix County, Wisconsin.

Arbitration Agreement

Any disputes that cannot be resolved informally may be subject to binding arbitration in accordance with the rules of the American Arbitration Association. By agreeing to these Terms, you waive your right to a jury trial.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

Contact Information

If you have questions about these Terms & Conditions, please contact us:

Smith Auctions LLC
2231 Us Hwy 12 Ste100
Baldwin, WI 54002
Email: judy@smithauctioneers.com

Entire Agreement

These Terms, together with our Privacy Policy and any loan agreements you enter into with us, constitute the entire agreement between you and Smith Auctions LLC regarding your use of our services.