Terms & Conditions

1Acceptance of these terms

By using the SM Gas Inc. (“SM Gas,” “we,” “us” or “our”) website, joining the SM VIP Club, or opting in to receive text messages from us, you agree to these Terms & Conditions and to our Privacy Policy, which is incorporated here by reference. If you do not agree, please do not use these services.

2Who may use our services

You must be at least 18 years old to enroll in our text messaging programs or the SM VIP Club. By opting in, you confirm that you are the account holder of the mobile number you provide, or that you have the account holder’s permission to enroll it. If you give up or change that number, you agree to notify us so we can update our records.

3Text messaging program terms

SM Gas operates two separate text messaging programs. They are registered and operated in accordance with A2P 10DLC requirements, CTIA messaging principles and the Telephone Consumer Protection Act. Consent to one program is never treated as consent to the other.

3.1 How you opt in

You opt in by ticking the separate, unchecked consent box for the program you want, on a form where your mobile number is clearly labeled. You may also opt in to the non-marketing program by texting us first or by asking a member of staff to enroll you.

• Consent boxes are never pre-checked. You must take affirmative action to opt in.
• Consent is not a condition of any purchase, sign-up, entry or service.
• You may join one program and decline the other. Ticking one box does not tick the other.
• We record the date, time, IP address, form used and exact consent wording shown to you.

3.2 Cost

Msg & data rates may apply. SM Gas does not charge for the messages themselves, but your mobile carrier’s standard message and data rates apply to every message sent and received. Check your plan if you are unsure what those rates are.

3.3 Supported carriers

Our programs are supported by major United States carriers, including AT&T, Verizon Wireless, T-Mobile, US Cellular, Boost, Cricket, MetroPCS and others. Carrier support may change without notice. We are not responsible for messages that cannot be delivered because of your carrier, your device or your plan.

3.4 What we will not send

We will not use these programs to send content unrelated to the program you joined, and we will not send marketing content to a number enrolled only in the non-marketing program. We do not share your mobile number or opt-in data with third parties or affiliates for their marketing purposes, as set out in our Privacy Policy.

4Opting out and revoking consent

4.1 Keywords

Replying STOP, END, QUIT, CANCEL or UNSUBSCRIBE to any message from us will opt you out. You will receive a single confirmation message acknowledging the request. That confirmation will not contain marketing content and will not attempt to persuade you to stay.

4.2 Any reasonable method

You are not limited to keywords. Consistent with FCC consent revocation rules, you may revoke consent using any reasonable method, including a plain-language reply to one of our messages, a phone call, an email, a written request, or a request made in person to staff at any SM Gas location. We will not require you to use a specific word or a specific channel.

4.3 Timing and scope

• Requests are processed within ten business days of receipt, across every list your number appears on.
• If you opted in to both programs and your request is not specific, we will treat it as applying to both.
• If you tell us you want to stop only marketing messages, service messages you separately consented to will continue.
• To rejoin after opting out, simply opt in again through a consent form or by asking staff.

5Help and support

Reply HELP to any message for assistance, or text HELP to (574) 465-7082. You will receive a reply identifying SM Gas Inc. as the sender along with support contact details. You can also reach us using the details in section 16.

6Carrier liability

Mobile carriers are not liable for delayed or undelivered messages. Message delivery depends on factors outside our control, including network coverage, device settings, carrier filtering and service outages. SM Gas is not responsible for messages that are delayed, undelivered, or delivered to a number that has been reassigned to someone else after you gave consent.

7SM VIP Club

SM VIP Club membership is free and open to individuals aged 18 or over. Member offers, discounts and pricing are subject to availability, may vary by location, and may be changed, limited or discontinued at any time without notice. Offers have no cash value, cannot be combined unless we say so, and are void where prohibited.

Membership does not require you to consent to marketing text messages. You may be a VIP member and receive no marketing texts at all. We may suspend or terminate a membership we reasonably believe is being used fraudulently or abusively.

8Website use and acceptable conduct

You agree not to use our website or messaging programs to break the law, interfere with their operation, attempt unauthorized access, scrape or harvest data, transmit malicious code, or harass our staff or other customers. We may suspend access for anyone who does.

Information you submit to us must be accurate and must be yours to submit. You are responsible for keeping your contact details current.

9Intellectual property

The SM Gas name, logo, site content, layout and graphics are owned by SM Gas Inc. or its licensors and are protected by intellectual property law. You may view and print pages for your own personal, non-commercial use. You may not copy, republish, sell or use our branding without written permission.

10Pricing, availability and accuracy

Fuel prices, product prices, promotions and product availability vary by location and change frequently. Store hours also vary by location. We work to keep information current but do not warrant that everything shown on this site is accurate, complete or up to date at the moment you read it. Prices posted at the pump and at the register govern.

We reserve the right to correct errors, including pricing errors, and to change or discontinue any product or promotion at any time.

11Disclaimers

Our website, the SM VIP Club and our messaging programs are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, SM Gas disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the site will be uninterrupted, secure or error free.

12Limitation of liability

To the fullest extent permitted by law, SM Gas Inc. and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages arising out of your use of our website, the SM VIP Club or our messaging programs, including message charges, delayed or undelivered messages, or loss of data. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13Indemnification

You agree to indemnify and hold harmless SM Gas Inc. from any claims, damages, losses and reasonable legal fees arising out of your misuse of our website or services, your violation of these terms, or your submission of a mobile number you were not authorized to enroll.

14Governing law and disputes

These terms are governed by the laws of the State of Indiana, without regard to conflict of law principles. Any dispute arising out of or relating to these terms, our website, the SM VIP Club or our messaging programs will be brought in the state or federal courts located in the State of Indiana, and you consent to the jurisdiction of those courts.

15Changes to these terms

We may revise these terms from time to time. The “Last updated” date at the top of this page shows when. Material changes to the messaging program terms will be communicated before they take effect. Continued use of our website, the VIP Club or our messaging programs after a change means you accept the revised terms.

16Contact us

You can also speak to the manager at any SM Gas location.