Terms of Use | S&M Outlet

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "you") and S&M Bargain City, Inc., a retail clothing and merchandise business ("Company," "we," "us," or "our"). These Terms govern your access to and use of all Company services, including but not limited to in-store purchases, online interactions, promotional communications, and participation in any SMS/text message marketing programs operated by the Company.

By (a) making a purchase at any S&M Bargain City, Inc. location, (b) providing your mobile phone number for marketing purposes, (c) texting any keyword to +1 (877) 269-8878, or (d) otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

We reserve the right to modify these Terms at any time. Material changes will be communicated to active SMS subscribers via text notification and/or posted at our retail locations. Continued use of our services or continued enrollment in our SMS program following any such modification constitutes acceptance of the revised Terms.

2. DESCRIPTION OF SERVICES

S&M Bargain City, Inc. is a multi-location retail business selling clothing, apparel, footwear, accessories, housewares, and general merchandise at discount prices. Our services include:

In-store retail sales at all S&M Bargain City / S&M Family Outlet locations
Customer loyalty and promotional reward programs
SMS and email marketing communications (opt-in only)
Customer service and support via phone, in-store, and digital channels
Promotional events, clearance sales, and seasonal merchandise programs

We reserve the right to add, modify, discontinue, or suspend any aspect of our services at any time without prior notice, except where required by law or these Terms.

3. SMS / TEXT MESSAGE MARKETING — A2P TERMS & DISCLOSURES

3.1 Program Overview and A2P Compliance

S&M Bargain City, Inc. operates an Application-to-Person (A2P) SMS marketing program using our dedicated long code number +1 (877) 269-8878. This program is registered and operated in compliance with:

TCPA — Telephone Consumer Protection Act (47 U.S.C. § 227)
CTIA — Cellular Telecommunications Industry Association Messaging Principles and Best Practices (current edition)
A2P 10DLC — Industry-standard Application-to-Person 10-Digit Long Code campaign requirements
FCC Regulations — Federal Communications Commission rules governing commercial text messaging
State Law — Applicable Texas consumer protection statutes and anti-spam laws

Our A2P SMS program is registered with wireless carriers through the Campaign Registry (TCR) system. All campaigns are classified, approved, and operated within carrier-mandated content and throughput guidelines.

3.2 Sender Identification

All SMS messages from S&M Bargain City, Inc. will:

Originate exclusively from +1 (877) 269-8878
Identify the sender as S&M Bargain City or S&M Family Outlet in the message body
Never impersonate a government agency, financial institution, or emergency service
Never use deceptive subject lines, misleading sender information, or disguised sender IDs

3.3 Message Content — Permitted Use

Messages transmitted through our SMS program are limited to the following content categories, consistent with our registered A2P campaign type:

Promotional Offers: Sales events, percentage-off discounts, buy-one-get-one promotions
Special Offers: Limited-time deals, flash sales, and exclusive subscriber-only pricing
Clearance Alerts: End-of-season markdowns and inventory closeout notifications
New Merchandise: New arrivals, featured brands, and seasonal inventory updates
Holiday Events: Holiday sales, special shopping hours, and event-specific promotions
Loyalty Updates: Reward balances, bonus point events, and member-exclusive savings

We will NOT use our SMS program to transmit: unsolicited political messaging, adult content, gambling promotions, illegal substances, phishing links, malware, or any content prohibited by CTIA guidelines or applicable law.

3.4 Express Written Consent — Opt-In Requirements

⚠ IMPORTANT: SMS CONSENT DISCLOSURE: Your consent to receive text messages is NOT a condition of any purchase. You may shop at S&M Bargain City without enrolling in our SMS program.

Prior to sending any promotional SMS message, we obtain express written consent from each subscriber through one of the following TCPA-compliant opt-in methods:

Keyword Opt-In: Customer texts a designated keyword to +1 (877) 269-8878
Web Form Opt-In: Customer submits mobile number via opt-in form with visible disclosure language
Paper Form Opt-In: Customer signs in-store opt-in form at point of sale or customer service desk
Point-of-Sale Opt-In: Customer verbally consents with written confirmation provided

All opt-in methods include a clear, conspicuous disclosure stating: (a) the identity of the sender, (b) the nature of the messages, (c) that consent is not required for purchase, (d) that message and data rates may apply, and (e) instructions for opting out. We maintain verifiable records of all opt-in events including date, time, phone number, method, and disclosure text presented.

3.5 Opt-In Confirmation Message

Upon enrollment, subscribers will receive an immediate confirmation message that includes all required A2P disclosures. The confirmation message will contain:

Brand name identification (S&M Bargain City / S&M Family Outlet)
Confirmation of enrollment and program description
Estimated message frequency
"Msg & data rates may apply" disclosure
STOP opt-out instruction
HELP instruction for customer support

Sample Confirmation: "S&M Bargain City: You're subscribed to exclusive sales & special offers! Msg freq varies, up to 4/mo. Msg & data rates may apply. Reply STOP to cancel, HELP for info."

3.6 SMS Keyword Commands

Our SMS system recognizes the following standard industry commands. Responses are automated and sent within seconds of receipt:

STOP — Immediately unsubscribes your number from all S&M Bargain City promotional SMS messages. A single confirmation will be sent; no further messages will follow.

CANCEL — Alternative opt-out command. Same effect as STOP.

END — Alternative opt-out command. Same effect as STOP.

QUIT — Alternative opt-out command. Same effect as STOP.

UNSUBSCRIBE — Alternative opt-out command. Same effect as STOP.

HELP — Returns program information, sender identity, and customer service contact details.

INFO — Returns program details and a link to this Terms of Service document.

These keyword commands are reserved and processed automatically. They may not be disabled, overridden, or altered by any marketing campaign or promotional message. Compliance with all opt-out requests is mandatory and immediate.

3.7 Opt-Out Processing and Suppression

Upon receipt of any opt-out keyword (STOP, CANCEL, END, QUIT, or UNSUBSCRIBE), the following actions are taken immediately and automatically:

Your mobile number is flagged as opted-out in our messaging platform
A single, carrier-compliant STOP confirmation message is sent to your number
No further promotional SMS messages are transmitted to your number
Your number is added to our permanent suppression list
Your opt-out event is logged with date, time, and method for TCPA compliance records

Opt-out requests are processed within 24 hours. If you receive a message after opting out (outside the single confirmation message), please contact us immediately at +1 (877) 269-8878 or visit a store location. We take compliance violations seriously and will investigate any reported failures promptly.

You may re-opt in at any time by texting a designated keyword to +1 (877) 269-8878. Re-enrollment restarts all disclosures and a new confirmation message will be sent.

3.8 Message Frequency

Message frequency may vary based on promotional calendar and seasonal events. Subscribers may receive up to four (4) promotional SMS messages per calendar month under standard program operation. During major sale events (such as back-to-school, Black Friday, or year-end clearance), frequency may temporarily increase. We will notify subscribers of any sustained increase in message frequency.

We do not send messages between the hours of 9:00 PM and 8:00 AM local time, consistent with TCPA quiet hours requirements.

3.9 Message and Data Rates

Standard message and data rates may apply. Charges are determined by your wireless carrier and service plan. S&M Bargain City, Inc. does not charge fees for messages sent through this program.

You are responsible for any charges incurred by your wireless carrier in connection with our SMS program. Please contact your carrier for details regarding your messaging plan. Rates for international messaging (if applicable) are set entirely by your carrier.

3.10 Carrier Disclaimer

Wireless carriers, including but not limited to AT&T, Verizon, T-Mobile, Boost, Cricket, Metro by T-Mobile, and U.S. Cellular, are not liable for delayed or undelivered messages. Message delivery depends on network availability, carrier processing times, and your device status. S&M Bargain City, Inc. does not guarantee delivery timing and shall not be liable for delayed or undelivered messages caused by carrier network issues.

3.11 Prohibited User Conduct — SMS

You agree not to use our SMS program or any interaction with +1 (877) 269-8878 to:

Transmit unsolicited commercial messages, spam, or bulk messaging
Harvest, scrape, or collect other users' data through the SMS channel
Attempt to reverse-engineer, probe, or test our messaging systems for vulnerabilities
Impersonate any person, entity, or the Company
Transmit content that is abusive, harassing, threatening, or unlawful
Use automated systems to send keyword commands in bulk or on behalf of others without their consent

4. CUSTOMER ELIGIBILITY

To participate in our SMS marketing program or purchase from S&M Bargain City, Inc., you represent and warrant that:

You are at least 18 years of age or have the consent of a parent or legal guardian
You are the account holder of the mobile phone number you provide, or have the account holder's express permission to enroll that number
You are located in the United States and subject to U.S. law
You are not on any government-prohibited party list
All information you provide is accurate, current, and complete

S&M Bargain City, Inc. does not knowingly collect information from or market to individuals under 13 years of age. If we become aware that a minor under 13 has enrolled in our SMS program without verified parental consent, we will immediately remove their number and delete associated records.

5. PURCHASES, PRICING, AND PROMOTIONS

5.1 Pricing and Availability

All prices are in U.S. dollars and subject to change without notice. Product availability, promotional pricing, and discounts communicated via SMS are valid only while supplies last and subject to the terms stated in each promotional message. SMS promotional offers are not combinable with other offers unless explicitly stated.

5.2 Promotion Redemption

Promotional codes and offers delivered via SMS must be presented at point of sale at a participating S&M Bargain City / S&M Family Outlet location. We reserve the right to verify eligibility, limit quantities, and decline redemption of offers that appear to have been fraudulently obtained, duplicated, or used in violation of their stated terms.

5.3 Returns and Refunds

Returns and refunds are governed by our in-store Return Policy, available at all store locations and upon request. Receipt of an SMS promotional offer does not alter or extend standard return terms. Returned merchandise purchased under a promotional offer will be refunded at the actual purchase price paid, not the regular retail price.

5.4 Taxes

Applicable state and local sales taxes will be added to all purchases as required by Texas law and the laws of any other jurisdiction in which we operate. Promotional discounts are applied before tax calculation unless otherwise specified.

6. INTELLECTUAL PROPERTY

All content associated with S&M Bargain City, Inc. — including but not limited to our trade name, logos, trademarks, service marks, promotional artwork, SMS message content, website content, and marketing materials — is the proprietary property of S&M Bargain City, Inc. or its licensors, and is protected by applicable U.S. intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to receive and personally use our SMS communications for your own consumer shopping purposes. You may not reproduce, republish, distribute, resell, or commercially exploit any SMS message content, promotional material, or other Company intellectual property without our prior written consent.

7. DISCLAIMER OF WARRANTIES

⚠ IMPORTANT: OUR SERVICES AND SMS PROGRAM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE SERVICE.

Without limiting the foregoing, we do not warrant that: (a) SMS messages will be delivered on time or at all; (b) promotional offers will remain available when redeemed; (c) our messaging systems will be free from errors, interruptions, or security breaches; or (d) any defects in our systems will be corrected. The foregoing disclaimers apply to the fullest extent permitted by applicable law.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, S&M BARGAIN CITY, INC., ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES OR SMS PROGRAM, INCLUDING DAMAGES FOR LOST PROFITS, DATA LOSS, CARRIER CHARGES, OR GOODWILL.

In no event shall our total liability to you for any claim related to our SMS program or retail services exceed the total amount you paid to us in the ninety (90) days preceding the event giving rise to the claim. Some jurisdictions do not allow limitations on liability; in such cases, the limitation above shall apply to the fullest extent permitted by law.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless S&M Bargain City, Inc. and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our services or SMS program; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any content you transmit through our SMS channel.

10. PRIVACY AND DATA USE

Your privacy is important to us. Our collection, use, and protection of your personal information — including your mobile phone number and SMS opt-in data — is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key data commitments include:

No Sale of SMS Data: We will never sell, rent, or transfer your mobile phone number or opt-in consent to third parties for their independent marketing use.
Suppression List: Opted-out numbers are permanently maintained on a suppression list and will not be re-enrolled without new express consent.
Retention: Opt-in records are retained for a minimum of four (4) years per TCPA best practices.
Security: We implement commercially reasonable measures to protect your data from unauthorized access or disclosure.

Our Privacy Policy is available at all S&M Bargain City, Inc. store locations and upon request at +1 (877) 269-8878.

11. TCPA COMPLIANCE AND CONSUMER RIGHTS

S&M Bargain City, Inc. is committed to full compliance with the Telephone Consumer Protection Act (47 U.S.C. § 227) and all implementing regulations issued by the FCC. The following consumer rights apply to all participants in our SMS program:

11.1 Right to Opt Out at Any Time

You have the unconditional right to opt out of receiving SMS messages from us at any time, without penalty, by replying STOP to any message from +1 (877) 269-8878. No reason is required. Opt-outs are processed immediately and automatically.

11.2 Right to Non-Retaliation

Exercising your right to opt out of SMS communications will not affect your ability to shop at S&M Bargain City, Inc., receive in-store discounts, participate in loyalty programs, or receive any other service we provide. Consent to receive SMS messages is never a condition of sale or service.

11.3 Right to Revoke Consent

You may revoke your consent to receive SMS messages at any time through any reasonable means, including responding STOP to any message, calling customer service, or submitting a written opt-out request at any store location.

11.4 Right to File a Complaint

If you believe S&M Bargain City, Inc. has violated your rights under the TCPA or applicable FCC regulations, you may:

Contact us directly at +1 (877) 269-8878 to report the issue
File a complaint with the Federal Communications Commission at www.fcc.gov/consumers/guides/filing-informal-complaint
File a complaint with the Federal Trade Commission at www.ftc.gov/complaint
Contact your state Attorney General's office for violations of state law
Consult a private attorney, as the TCPA provides for a private right of action with statutory damages

12. DISPUTE RESOLUTION

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact S&M Bargain City, Inc. at +1 (877) 269-8878 and provide us with a written description of your dispute. We will make a good-faith effort to resolve the matter within thirty (30) days.

12.2 Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any legal action arising from or relating to these Terms or our SMS program shall be brought exclusively in the state or federal courts located in Beaumont, Jefferson County, Texas.

12.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION PROCEEDING ARISING FROM OR RELATED TO THESE TERMS OR OUR SMS PROGRAM.

12.4 TCPA Carve-Out

Notwithstanding the foregoing, nothing in this Section shall limit your rights under the TCPA, including your right to bring individual claims for TCPA violations in any court of competent jurisdiction.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and S&M Bargain City, Inc. regarding their subject matter and supersede all prior agreements, representations, and understandings.

13.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of S&M Bargain City, Inc.

13.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, in connection with a merger, acquisition, or sale of assets without your consent.

13.5 Force Majeure

We shall not be liable for delays or failures in performance of our SMS program or other services resulting from events beyond our reasonable control, including natural disasters, carrier outages, government actions, cyberattacks, or other force majeure events.

13.6 Language

These Terms are written in English. In the event of any conflict between an English version and a translated version (if provided), the English version shall control.

14. CONTACT INFORMATION

For questions, complaints, opt-out requests, or to exercise any of your rights described in these Terms, please contact us:

Company Name:

S&M Bargain City, Inc.

D/B/A:

S&M Family Outlet

SMS Marketing Line:

+1 (877) 269-8878

Opt-Out (Text):

Reply STOP to any message

Help (Text):

Reply HELP to any message

Store Locations:

All S&M Family Outlet retail locations

Business Hours:

Please contact the store for current hours

A2P REGULATORY COMPLIANCE SUMMARY

These Terms of Service are designed to satisfy the requirements of: the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227); CTIA Messaging Principles and Best Practices (current edition); A2P 10DLC campaign registration standards enforced by major U.S. wireless carriers; FCC regulations at 47 C.F.R. Part 64; the CAN-SPAM Act as applied to commercial electronic messaging; and applicable Texas consumer protection statutes including the Texas Business & Commerce Code, Chapter 305.

This document should be reviewed by qualified legal counsel prior to final deployment and should be updated whenever applicable regulations or Company services materially change.

Last Updated: May 10, 2026

S&M Bargain City, Inc. — All Rights Reserve