1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the website located at sandmfamilyoutlet.com (the "Site") and any related services, including SMS/text messaging communications, operated by S&M Bargain City of Texas, Inc., doing business as S and M Family Outlet ("Company," "we," "us," or "our").

By accessing or using the Site, submitting your contact information, or voluntarily providing your mobile phone number to opt in to text messages, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Site or provide your phone number for SMS communications.

2. About Our Business

S and M Family Outlet is a family-owned retail discount store located in Southeast Texas. We sell a wide variety of merchandise, including clothing, housewares, furniture, and general goods, at everyday low prices. Our Site provides information about our store, current promotions, and ways to connect with us.

3. Use of This Website

3.1 Permitted Use

You may use the Site for lawful, personal, non-commercial purposes only. You agree not to:

Use the Site in any way that violates applicable federal, state, or local law
Transmit unsolicited or unauthorized advertising or promotional material
Attempt to gain unauthorized access to any portion of the Site
Interfere with or disrupt the integrity or performance of the Site
Scrape, crawl, or harvest data from the Site without our written consent
Impersonate any person or entity or misrepresent your affiliation

3.2 Intellectual Property

All content on the Site, including but not limited to text, images, logos, graphics, and software, is the property of S&M Bargain City of Texas, Inc. or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

3.3 Third-Party Links

The Site may contain links to third-party websites. We do not control or endorse those sites and are not responsible for their content, privacy practices, or terms. Accessing any third-party link is at your own risk.

4. SMS / Text Messaging Terms

IMPORTANT — SMS CONSENT: Providing your phone number and checking the opt-in box constitutes your express written consent to receive text messages from us. This consent is not required as a condition of any purchase. Message and data rates may apply.

4.1 Program Description

S and M Family Outlet operates an SMS text messaging program (the "Program") to send subscribers promotional offers, weekly deals, sale announcements, event notifications, and store updates. Messages are sent using an automated dialing system from our registered toll-free number.

4.2 How to Opt In

You may opt in to receive text messages from us through any of the following methods:

Web Form: By visiting our website and completing the SMS opt-in form, entering your mobile phone number, and checking the unchecked opt-in checkbox that reads: "I agree to receive promotional text messages from S and M Family Outlet at the number provided. Consent is not a condition of purchase. Reply STOP to opt out. Msg & data rates may apply."
In-Store Sign-Up: By completing a paper or digital opt-in form at our store location, which contains the same disclosure language described above
Text-to-Join: By texting a designated keyword (e.g., DEALS or JOIN) to our toll-free number, thereby initiating a consent-based opt-in flow that confirms your subscription

In all cases, the opt-in checkbox or equivalent consent mechanism is unchecked by default. You must take an affirmative, intentional action to opt in. Your consent is voluntary and specific to receiving text messages from our Program.

4.3 Consent Confirmation

Once you opt in, you will receive a confirmation text message verifying your enrollment in the Program. The confirmation message will include: the business name, a description of message types, message frequency disclosure, a reminder that message and data rates may apply, and instructions on how to opt out.

4.4 Message Frequency

Message frequency varies. You may receive up to 4–8 text messages per month, though we may send more during peak sale periods or special promotions. We will not send messages in excess of what is reasonably necessary to fulfill the Program's stated purpose.

4.5 Message and Data Rates

Standard message and data rates may apply to all messages sent and received. These charges are billed by your mobile carrier and are your responsibility. Check your mobile plan for details.

4.6 How to Opt Out (STOP)

You may cancel your subscription to the Program at any time by replying STOP to any text message you receive from us. Upon receiving your STOP reply, we will send you a final confirmation message and remove your number from our active messaging list within a reasonable time, not to exceed 10 business days. After opting out, you will no longer receive promotional text messages from this Program unless you opt in again.

You may also opt out by contacting us at the email address or phone number listed in Section 12 of these Terms.

4.7 How to Get Help (HELP)

If you need assistance, reply HELP to any text message you receive from us. You may also contact us directly at info@sandmfamilyoutlet.com or by phone at the number listed in Section 12.

4.8 No Purchase Required

Your consent to receive text messages is never required as a condition of purchasing any product or service from us. You may shop in-store or online without opting in to the Program.

4.9 Supported Carriers

The Program is available to subscribers of most major U.S. wireless carriers, including but not limited to AT&T, Verizon, T-Mobile, Sprint, Boost Mobile, MetroPCS, and U.S. Cellular. Availability may vary by carrier. We are not liable for delayed or undelivered messages.

4.10 Prohibited Uses of SMS

You agree not to use any contact information obtained from our SMS Program to:

Send unsolicited commercial messages or spam
Engage in any unlawful, abusive, harassing, or fraudulent activity
Impersonate any person or entity

4.11 TCPA and CTIA Compliance

Our SMS Program is operated in compliance with the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) regulations, and the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices. We maintain records of all opt-in consents and honor all opt-out requests promptly.

5. Privacy Policy

Your use of the Site and participation in the SMS Program are also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, and protect your personal information, including your phone number. Please review our Privacy Policy at sandmfamilyoutlet.com/privacy.

6. Disclaimer of Warranties

THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the Site.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, S&M BARGAIN CITY OF TEXAS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SMS PROGRAM.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

8. Indemnification

You agree to indemnify, defend, and hold harmless S&M Bargain City of Texas, Inc., its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Site; (b) your violation of these Terms; or (c) your violation of any third-party rights.

9. Children's Privacy

The Site and SMS Program are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately so we may delete such information.

10. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this document and, where appropriate, notify SMS subscribers via text or post a notice on our Site. Your continued use of the Site or continued receipt of SMS messages following any modification constitutes your acceptance of the revised Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in [County] County, Texas, and you hereby consent to the personal jurisdiction and venue of such courts.

WAIVER OF CLASS ACTION: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12. Contact Us

If you have questions about these Terms, our SMS Program, or to exercise any rights described herein, please contact us:

S and M Family Outlet

Legal Name: S&M Bargain City of Texas, Inc.

Address: [Store Address], [City], TX [ZIP]

Email: info@sandmfamilyoutlet.com

Website: sandmfamilyoutlet.com

To opt out of SMS messages at any time, reply STOP to any text from us. For help, reply HELP or email info@sandmfamilyoutlet.com.

These Terms of Use were last reviewed and updated on May 26, 2026.