Terms Of Use

Thank you for using this service, which is owned by Smith Oil Stores, Inc. (“Smith Oil,” “we,” “us,” or “our”).

Effective Date: July 20th, 2020

  1. Your Acceptance of These Terms of Use

These terms of use (“Terms of Use”) govern the use of all Smith Oil owned platforms, including our website and our software application (the “App”) (collectively, this “Site”). By using this Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site. In order to use the Site, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms of Use, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to Smith Oil is true, accurate and complete, and you agree to keep it that way at all times.

  1. Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

  1. Your Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend this these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

  1. Ownership of this Site and its Content

This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Smith Oil or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

  1. License

The Smith Oil Site and the Content provided through it are property of Smith Oil or Smith Oil’s licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Site (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or Smith Oil. All Smith Oil trademarks (whether registered or not), product names, company names, logos, service marks trade dress and/or domain names, and any other features of the Smith Oil brand (the “Smith Oil Marks”) are the sole property of Smith Oil. All other trademarks, product names, company names, logos, service marks, trade dress and/or domain names mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Smith Oil Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, trade dress and/or domain names of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Smith Oil Marks or other trademarks, product names, company names, logos, service marks, trade dress and/or domain names or any other materials contained herein, except as permitted herein, is expressly prohibited. The Smith Oil software applications are licensed, not sold, to you, and Smith Oil retains ownership of all copies of the Smith Oil software applications even after installation on your mobile devices. Smith Oil may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this License, to any third party. Smith Oil may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms of Use or any part of them, nor transfer or sub-license your rights under this License, to any third party.

  1. Your Feedback

The Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

##7. Your Obligations In consideration of your use of this Site, you agree that to the extent you provide personal information to Smith Oil, it will be true, accurate, current, and complete and that you will update all personal information as necessary. To the extent you create an account through this Site, you understand and agree that any account you create, including your username and, if applicable, password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and, if applicable, password and are fully responsible for all activities that occur under your username and, if applicable, password by you or by anyone else using your username and, if applicable, password, whether or not authorized by you. If your account has a password, you agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password, if applicable, by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account. You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

  1. Gifts

You may have the ability from time to time to purchase Subscriptions for other people through the Services (“Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift. GIFTS THAT ARE MONTHLY SUBSCRIPTIONS ARE SUBJECT TO THE AUTO RENEWAL TERMS IN SECTION 10 AND THE CANCELLATION POLICY IN SECTION 11.

  1. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Subscription, you can do so at any time by logging into your account and editing your payment information. All prices shown for the Subscription are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Subscription in accordance with the cancellation policy set forth in Sections 11.

  1. FUEL PAY – TERMS OF USE
  2. What these terms cover. These terms apply specifically to your use of the Smith Oil “Pay@Pump” service via the Smith Oil Loyalty App, Smith Oil (“Pay@pump Service”). The Smith Oil Apps terms of use also apply generally to your use of the Smith Oil Loyalty App and your use of the Smith Oil Pay@Pump Service.
  3. Acceptance of terms. By using the Smith Oil Pay@Pump Service, you confirm that you accept these terms and you agree to comply with them. If you do not agree to these terms, you must not use the Smith Oil Pay@Pump Service.
  4. Who it is for. The Smith Oil Pay@Pump Service.is for consumers residing in Florida who wish to pre-pay for fuel at a participating Smith Oil Pay@Pump Service gas station via the Smith OilLoyalty App.
  5. How the Smith Oil Pay@Pump Service. works. 4.1 You may purchase fuel using the Smith Oil Pay@Pump Service at participating gas stations. 4.2 After you have parked your vehicle beside a Smith Oil Pay@Pump Service compatible fuel pump and switched off the vehicle’s engine, you may access the Smith Oil Pay@Pump Service on the Smith Oil Loyalty App. 4.3 You will be prompted to confirm that you are located at a participating Smith Oil Pay@Pump Service gas station. 4.4 Once you have confirmed your location, you select the code of the fuel pump at which you are parked. It will be marked on the pump dispenser. e.g 01014.5 You then select the fuel type, and the amount in USD of fuel, that you wish to purchase. 4.6 You then select the method of payment. You have the option of storing payment card details to use with the Smith Oil Pay@Pump Service in the future. 4.7 Once you have confirmed the payment method, the fuel pump will be released for use and you can start dispensing fuel. Risk in the fuel passes to you when you lift the pump and start dispensing the fuel. 4.8 You may cancel a Smith Oil Pay@Pump Service transaction up until the point that you lift the pump and start dispensing fuel. A Smith Oil Pay@Pump Service transaction will be cancelled automatically if you do not lift the pump and start dispensing fuel within 90 seconds after confirming the payment method. 4.9 When the amount in USD of fuel that you have selected during aSmith Oil Pay@Pump Service transaction has been dispensed the fuel pump will automatically stop dispensing fuel. 4.10 If you dispense less fuel than the amount in USD of fuel that you have selected during a Smith Oil Pay@Pump Service transaction, you will only be charged for the amount of fuel dispensed. 4.11 If you:4.11.1 cancel a Smith Oil Pay@Pump Service transaction; or4.11.2 dispense less fuel than the amount (in USD) of fuel that you have selected during a Smith Oil Pay@Pump Service transaction, a hold may be placed by your payment card issuer on any amount that you have pre-authorised during a Smith Oil Pay@Pump Service transaction but has not been charged by us. You card issuer can advise on the applicable pre-authorisation procedures. 4.12 You will be issued with a digital receipt in respect of fuel purchased using the Smith Oil Pay@Pump Service.
  6. User restrictions and access.5.1 You must be 18 years of age or older to use the Smith Oil Pay@Pump Service. 5.2 You must download the Smith Oil Loyalty App and create or already hold a Customer Account to use the Smith Oil Pay@Pump Service. 5.3 You must not access or use the Smith Oil Pay@Pump Service whilst driving. 5.4 You must allow the Smith Oil Loyalty App to access to your smartphone’s location in order to use the Smith Oil Pay@Pump Service. 5.5 You must only use the Smith Oil Pay@Pump Service.at a participating Smith Oil gas stations while you are still in your vehicle. 5.6 You must provide a valid payment method in order to use the Smith Oil Pay@Pump Service. 5.7 You must not use a debit/credit card as a payment method with the Smith Oil Pay@Pump Service without the consent of the owner of the card.
  7. The Smith Oil Loyalty App and the Smith Oil Pay@Pump Service are provided to our customers free of charge. Access to the Smith Oil Loyalty App and the Smith Oil Pay@Pump Service may require your smartphone to have an internet connection and you are responsible to your mobile carrier or internet service provider for any data or internet charges incurred by you in accessing the Smith Oil Loyalty App and the Smith Oil Pay@Pump Service.
  8. We may suspend or withdraw the Smith Oil Loyalty App or the Smith Oil Pay@Pump Service. We do not guarantee that the Smith Oil Loyalty App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Smith Oil Loyalty App or the Smith Oil Pay@Pump Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.8. Termination. You have the right to stop using the Smith Oil Pay@Pump Service at any time.
  9. Changes to terms We may need to change the Smith Oil Pay@Pump Service terms of use from time to time and you will be notified through the Smith Oil Loyalty App if we do so. If you do not accept the notified changes you will not be permitted to continue to use the Smith Oil Loyalty App and the Smith Oil Pay@Pump Service.
  10. DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Smith Oil, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Smith Oil, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). Smith Oil DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED Smith Oil SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF EMPLOYMENT; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00). Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

  1. Links to Third-Party Websites

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Smith Oil shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

  1. Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

  1. Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Smith Oil of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

  1. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

  1. Governing Law, Jurisdiction and Venue

These Terms of Use will be governed under the laws of the State of Florida without regard to its conflicts of law provisions. We retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

  1. Indemnity

You agree to indemnify and hold Smith Oil, its subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

  1. These Terms of Use May Change

These Terms of Use are current as of the effective date set forth above. Smith Oil reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

  1. Entire Agreement

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Smith Oil with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Smith Oil with respect to this Site and your use of this Site.

  1. Definitions

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including Feedback. The terms “Smith Oil,” “we,” “us,” and “our” refer to Smith Oil Inc. The term “Feedback” refers to all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site. The term “including” means “including, but not limited to.” The term “Site” refers to any platform owned by Smith Oil on which these Terms of Use are posted, including our website and our App.

##26. Questions If you have any questions about this Site or these Terms of Use, please contact us using the following information: COPYRIGHT © 2020 Smith Oil.

Quality Products and Service at a Great Price

New Cumberland

Corporate

306 S. Chester St.
P.O. Box 903
New Cumberland, WV 26047

Locations

12 Locations And Counting

Bellaire, OH
2 Locations In East Liverpool, OH
Lisbon, OH
Salem, OH
Tiltonsville, OH
2 Location In Wintersville, OH
New Cumberland, WV
Wellsburg, WV
Moundsville, WV
Warwood, WV

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Smith Oil Company was started in 1969 by brothers Bernard and William Smith. Their goal was to provide quality products and service at an affordable price. Their first location was on State Route 43 in Wintersville, Ohio. This location is still a full service site where we pump your gas for you at no additional charge.