Effective Date: May 29, 2019
These Membership Terms and Conditions (“Membership Terms”) apply to all members of the Shop Your Way Program (previously called the Shop Your Way Rewards Program offered by Sears Holdings Management Corporation), hereafter the “Program”, offered by TransformCo LLC (together with its affiliated companies, “Company”) and are effective as of May 29, 2019. “Shop Your Way Merchants” refer to merchant brands within Company or participating companies in the Shop Your Way program under agreement with TransformCo LLC to issue and/or redeem Shop Your Way points. Shop Your Way Merchants include Sears retail stores, Kmart retail stores, Sears Hometown & Outlet stores, Sears Auto Centers, Sears Home Services, Sears Home Improvement, Sears Optical, and Lands’ End, as well as additional merchant brands that may become a Shop Your Way Merchant in future. Upon your completion of the enrollment process you: (i) become a Shop Your Way Member (“you” or “Member”), (ii) are issued a Member Number (“Member Number”), and (iii) agree that you have read and accepted these Membership Terms. If you were a Shop Your Way Rewards Program Member under the prior program offered by Sears Holdings Management Corporation, your Member Number will be transferred to this Program. These Membership Terms apply to you whether you are a new Member or were enrolled under the prior program. These Membership Terms are subject to periodic changes that Company may make in its sole discretion. Unless otherwise specified herein, all changes to these Membership Terms and the Participation Requirements apply to all Members, including Members enrolled before the date the changes take effect. By using Shopyourway.com or the Shop Your Way app (collectively the “Site”), participating in the Program or accepting any Program benefits or offers, you agree to these Membership Terms, which may be updated from time to time and are available for review at www.shopyourway.com/terms and will supersede all previous versions of these Membership Terms.
PLEASE READ THESE MEMBERSHIP TERMS CAREFULLY. THESE MEMBERSHIP TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
"Program-Eligible Purchases" means Qualifying Purchases, but do not include Qualifying Prescriptions (except as set forth in Section 4 below).
"Qualifying Purchases" means qualifying purchases of eligible products and services from participating: (i) Shop Your Way Merchants, (ii) food concessions at Shop Your Way Merchants, (iii) catalogs branded by Shop Your Way Merchants, (iv) Company-licensed businesses (products and services selected by these businesses from time to time), (v) websites branded or sponsored byShop Your Way Merchants, and (vi) third-parties (including their websites) that are designated by Company, including but not limited to third party merchants, restaurants, service providers, networks, aggregators, sponsors, and consumer credit-card issuers (the parties identified in this subsection (vi) are collectively referred to as “Shop Your Way Partners”).
“Qualifying Prescriptions " means prescriptions filled at Shop Your Way Merchants Pharmacies; provided that, the following are excluded from the definition of Qualifying Prescriptions: (A) prescriptions paid for in whole or in part by state or federal healthcare programs, such as, by way of example, Medicare Part D, Medicare Advantage, Medicare Part B, Medicaid, or TRICARE; (B) prescriptions filled by Shop Your Way Merchants Pharmacies located in AR, MA, NJ, NY, Guam and the Virgin Islands; (C) prescriptions for controlled substances filled by Shop Your Way Merchants Pharmacies located in LA; or (D) any other prescriptions which Company or other Shop Your Way Merchants, from time to time in their sole discretion, may elect or be required to exclude based on any applicable laws or regulations or for any other reason.
"Program Stores" means the following stores located in the United States: Sears; Sears Grand; Sears Hometown Stores; Sears Home Appliance Showrooms; Sears Hardware; Sears Outlet; Sears Auto Centers; Sears Home Services; Kmart; Lands’ End and mygofer; however, not all Program Store locations or formats are participating in the Program. For example, Lands’ End stand-alone stores (including Lombard, IL and Madison, WI) are not participating Program Stores as of the Effective Date. All references to the United States herein include the District of Columbia and Puerto Rico. Other Program Stores will be added at new Shop Your Way Merchants join the Program. For a full list of participating Program Stores can be found at https://www.shopyourway.com/help/sywr/shop-your-way-rewards-partners-program
Excluded Purchases and Layaway
The following are excluded from Qualifying Purchases (collectively " Non-Qualifying Purchases"): (i) sales and use taxes; (ii) service fees; (iii) donations to charitable organizations; (iv) commercial account purchases, including, without limitation, any purchase made with a corporate credit card, unless specifically approved in writing by the Shop Your Way Merchant; (v) purchases of lottery tickets, licenses, tobacco, alcohol, firearms, gift cards (excluding Reward Cards as described in these Terms), postage, gasoline, and Western Union services, unless specifically permitted by the Shop Your Way Merchants and otherwise allowed by law; (vi) bill payments; (vii) credit card payments; (viii) any redemption of Points for some part or all of the purchase price; (ix) purchases of products and services via ServiceLive.com, including any fees paid to ServiceLive.com; (x) layaway payments; (xi) shipping, installation, and delivery charges; (xii) purchases from third-party vendors (other than participating Shop Your Way Merchants) on Company-branded and Company-sponsored websites if to complete a purchase the customer is redirected to the vendor’s designated website (other than a participating Company-branded or Company-sponsored website); (xiii) sales or auctions on eBay or any other websites; (xiv) the portion of any purchase price which is eliminated due to a coupon or other discount, (xv) purchases, transactions, and other items excluded by the terms and conditions established by Shop Your Way Merchants; (xvi) purchases outside the United States, (xvii) prescriptions (except Qualifying Prescriptions ); and (xviii) any other items which Shop Your Way Merchants, from time to time in their sole discretion, may elect or be required to exclude. Layaway items purchased at Company Program Stores after you become a Member will become Qualifying Purchases when you make your final layaway payment.
When you present your Member Number or other allowable membership identifier (i.e., phone number) at the point of sale in accordance with these Membership Terms you earn points on your Program-Eligible Purchase amount ("Shop Your Way Points") at the rate or rates established by Shop Your Way Merchants. Members earn Shop Your Way Points at the rate of one Shop Your Way Point for every $0.10 of Qualifying Purchase amount. If your Qualifying Purchase amount is not a multiple of $0.10, you earn one additional Shop Your Way Point if your Qualifying Purchase amount ends in $0.05 or more. For example, a Qualifying Purchase amount of $10.75 will earn 108 Shop Your Way Points, while a Qualifying Purchase amount of $10.74 will earn 107 Shop Your Way Points. Company reserves the right in its sole discretion to modify at any time the amounts and rates at which Shop Your Way Points are earned for Program-Eligible Purchases. Shop Your Way Points may also be issued by Shop Your Way Partners. Information about where to find Shop Your Way Partners offering Shop Your Way Points can be found [https://www.shopyourway.com/partners], to include Shop Your Way Points issued for purchases made with the Shop Your Way 5321 Credit Card. Shop Your Way Points may be redeemed at any Shop Your Way Merchant regardless of which Shop Your Way Merchant issued the points.
Company or participating Shop Your Way Merchants may, but are not obligated to, offer promotions and programs for earning Points on Qualifying Prescriptions from time to time in their sole discretion (“Prescription Programs”). Unless otherwise indicated by Company or Shop Your Way Merchants, Members may only earn Points on Qualifying Prescriptions in connection with Prescription Programs and any such Prescription Program will be subject to additional terms and conditions (which terms and conditions are incorporated into, and become a part of, these Membership Terms).
Members may earn additional points, in addition to Shop Your Way Points, on specified Qualifying Purchases pursuant to the terms and conditions of promotional offers (which terms and conditions are incorporated into, and become a part of, these Membership Terms) ("Additional Points" or “Bonus Points”). Additional Points can only be redeemed at the Shop Your Way Merchant from which they were issued. Company and Shop Your Way Merchants issuing Additional Points reserve the right in its sole discretion to determine the terms and conditions of any Additional Points offer and to modify or terminate any Additional Point offer for any reason. Shop Your Way Points and Additional Points are together referred to in these Membership Terms as "Points."
Certain Additional Points offers and other offers are limited to Members who maintain a valid email address or mobile phone numbers in their Program profile and who have opted-in to receiving promotional emails from the Program. These Members are sometimes referred to as “Contactable Members.”
If an Additional Points offer gives Members the opportunity to earn, in Points, a specified multiple or percentage of a Qualifying Purchase (for example, "2x Points" or "2% of value in Points") (a "Multiplier Offer") the specified multiple or percentage of Additional Points earned will include the Shop Your Way Points earned on the purchase. For example, a Member will earn 1,000 Shop Your Way Points on a $100 Qualifying Purchase. If a "2x" Multiplier Offer is applicable to the Qualifying Purchase, the total Points the Member will earn on the Qualifying Purchase will be 2,000, 1,000 of which will be Shop Your Way Points and 1,000 if which will be Additional Points.
Members may earn Additional Points on non-purchase activities pursuant to the terms and conditions governing those activities (which terms and conditions are incorporated into, and become a part of, these Membership Terms) (“Non-Purchase Points”). Non-Purchase Points issued by Shop Your Way Merchants, can only be redeemed at the Shop Your Way Merchant from which they were issued.
If Shop Your Way Merchants permit a Member to combine two or more Multiplier Offers on a Qualifying Purchase, the total number of Points the Member will earn on the Qualifying Purchase will be equal to the sum of (i) the total Shop Your Way Points earned for the Qualifying Purchase (the "Total Shop Your Way Points") and (ii) the Additional Points for each Multiplier Offer based on the specified multiple, percentage, or dollar amount for the Multiplier Offer less that portion of the Total Shop Your Way Points that is attributable to the Multiplier Offer. For example, if a total Qualifying Purchase is $290 ($40 for shoes and $250 for tools) and if Shop Your Way Merchants permit an eligible Member to combine two Multiplier Offers (one that is 2x in Points for shoes and the other that is 10x in Points for tools) the total Points that the Member will earn on the Qualifying Purchase will be 25,800 calculated as follows: 2,900 Total Shop Your Way Points (400 for shoes and 2,500 for tools) + 400 Additional Points for shoes (800-400) + 22,500 Additional Points for tools (25,000-2,500) = 25,800 total Points earned. Company and Shop Your Way Merchants reserve the right to adopt, modify and cease using one or more conventions, for its own convenience, for the calculation, award, redemption, crediting back and other means of adjusting Points and that such conventions may not result in 100% accuracy and that they may have disparate impact on Members depending on their behavior (e.g., rounding of Points, allocation of Points in multiple item transactions).
POINTS ARE NOT EARNED ON PROGRAM-ELIGIBLE PURCHASES MADE PRIOR TO YOUR ENROLLMENT DATE OR PRIOR TO THE START DATE OF ANY ADDITIONAL POINTS OFFER OR PROMOTION. Points may be issued instantly in your Points account; however, it may take approximately 30 days or more from the date of the Qualifying Purchases to issue such Points, except that Points related to Qualifying Prescriptions may be issued on a quarterly or other basis and Points for Qualifying Purchases from Shop Your Way Merchants may take approximately 90 days or more from the date of the Qualifying Purchases to be issued. Some Additional Points offers specify future dates on which Additional Points will be issued. For example, some Multiplier Offers may deliver Additional Points in installment intervals. Any details regarding amount and timing of delivery of Additional Points will be communicated in the specific Additional Points Offer. You may review your total Point balance from all Shop Your Way Merchants for Base Points and Additional Points in your Points account on the Site. Shop Your Way Merchants may provide, at their discretion, the portion of your Point balance redeemable at their points of sale. You do not acquire property rights in any Points in, or earned but not yet issued into, your Points account.
Shop Your Way Merchants from time to time may establish multiple rates for earning Shop Your Way Points and Additional Points that differentiate among Members on the basis of, or that depend on, reflect, or are affected by, Member achievement of specified levels of Program-Eligible Purchases such as VIP and/or other criteria. Member achievement levels are subject to expire and may change or be revoked at any time at the sole discretion of Shop Your Way Merchants. Company from time to time may sell or otherwise transfer Points for cash or other consideration to Members and Shop Your Way Merchants.
Any Shop Your Way Points earned prior to the effective date of these Membership Terms shall be combinable with and generally treated in the same manner as points earned after the effective date under these terms. Any Additional Points earned prior to the effective date shall be redeemable as if they are Shop Your Way Points under these current Membership Terms.
Point Redemption and Expiration; Special Promotions
Except as otherwise determined by Company in its sole discretion, Members may redeem Shop Your Way Points on all Program-Eligible Purchases, purchases of prescriptions (as permitted by law), and purchases from Shop Your Way Merchants and other parties designated by Company from time to time. Except as otherwise determined by Company, Members may redeem Additional Points on all Program-Eligible Purchases only at the Shop Your Way Merchant issuing the Additional Points. Redemption of Additional Points from other Shop Your Way Merchants and other parties may be accepted as designated by Company from time to time. You may redeem your Shop Your Way Points at the rate or rates determined by Company and Your Additional Points as determined by the issuing Shop Your Way Merchant (the "Redemption Value"), which rate or rates are incorporated into, and become a part of, these Membership Terms. You may redeem your Points only to pay all or a part of the purchase price for Program-Eligible Purchases. Company or Shop Your Way Merchants may establish from time to time Reward Cards for which You may redeem certain Reward Card Eligible Points, in the sole discretion of Company or Shop Your Way Merchants and in accordance with the terms of such Reward Cards. POINTS HAVE NO CASH VALUE AND MAY NOT BE REDEEMED FOR CASH, CREDIT, OR OTHER VALUE. NO CREDIT, CASH, OR OTHER VALUE WILL BE GIVEN FOR UNUSED POINTS. Company may establish multiple Redemption Values that differentiate among Members on the basis of, or that depend on, reflect, or are affected by, Member achievement of specified levels of Program-Eligible Purchases and/or similar criteria.
Certain Shop Your Way Points may not be available in your Shop Your Way MAX Points Balance.
In particular, Points available in the Shop Your Way MAX Program may be limited to Points designated as “Global Points” that are not restricted to specific redemption options.Further, Company or ShopYourWay Merchants may also award Additional Point(s) directly to Members, or to any subset of Members from time to time (such as “FREECASH Points” at Sears). Points awarded in any Shop Your Way Instant Win Game, Sweepstakes or Contest (“Non-Purchase Points”) cannot be combined with Points awarded directly to Member, offers or coupons earned outside of the Game, Sweepstakes, or Contest. Additional Points exclusions may be imposed without prior notice by Game, Sweepstakes, or Contest sponsors. Company may attach additional or different terms to any Points awarded by Company, including, without limitation, establishing different (including shorter) expiration dates for any Points provided by Company. Company may limit the availability of any Program promotion, in whole or in part, to any Member(s) at any time. EXCEPT FOR POINTS ISSUED WITH A SHORTER EXPIRATION PERIOD (ADDITIONAL POINTS TYPICALLY HAVE A SHORTER EXPIRATION PERIOD), POINTS EXPIRE AT THE END OF THE CALENDAR QUARTER THAT INCLUDES THE 12 MONTH ANNIVERSARY OF THE DATE THOSE POINTS WERE EARNED. Calendar-quarter end dates are March 31, June 30, September 30, and December 31. For example, 12-month Points earned on November 1, 2014 will expire on December 31, 2015. POINTS ISSUED WITH A SHORTER EXPIRATION PERIOD WILL EXPIRE AT THE TIME PERIOD SPECIFIED IN THE OFFER ON WHICH THEY WERE EARNED. ALL POINTS EXPIRE WITHOUT CREDIT, PAYMENT, OR OTHER VALUE TO YOU.
Company makes no representations that all Members will be treated equally in the Program.
Membership Number Linking
You acknowledge and agree that Company may link (or may offer you the opportunity to link), your Member Number to other identifiers (e.g., a credit card number, your Craftsman Exclusives membership number, each an "Identifier") and you authorize the sharing of information necessary to facilitate the linking and any provision of Points. For example, Company may automatically link your Member Number to your Sears credit card account or Shop Your Way Citi 5321 Credit Card so you can earn more Points. Member understands and acknowledges that certain Identifiers may have multiple users (e.g., a credit card) and that an Identifier may only be linked to one Program Member Number at a time. All Points earned when that Identifier is present will be posted to the membership account linked to that Identifier (and all purchases made when that Identifier is present will be visible under the Account History section of the Site). If another member registers an Identifier that you registered (e.g., a co-signor on your Sears card), the last person to successfully register that Identifier will receive all Points earned when that Identifier is present in a transaction (and that member will be able to see all purchases made with that identifier under their Account History section of the SYW Site). You will not be notified if this happens. You should speak with all co-signors and others that share an Identifier with you as to when and how you approve of their use of any such Identifier in connection with the Program.
Any Points you earn on a Program-Eligible Purchase are deducted from your Points account if you return the merchandise, or cancel the service, comprising that Program Eligible Purchase, even if: (i) you have redeemed those Points prior to the return or cancellation, (ii) some or all of the Points deducted from your account are not related to the Program Eligible Purchase for which such return or cancellation is made, and (iii) the deduction from your Points account results in a negative Points balance. In the event that the number of Points that could be deducted from your Points account as a result of a return or cancellation exceeds your current Points account balance, Company and Shop Your Way Merchants reserve the right to determine the Redemption Value of the Points shortfall and reduce the amount of your refund or credit for such return or cancellation by such Redemption Value. For example, this would apply if you purchased an item for $100 and earned 5,000 Points, you redeemed those 5,000 Points on another purchase and then returned the $100 item you originally purchased. If you still have more than 5,000 Points in your account, the Company will deduct 5,000 Points from your account when you return the $100 item. But if you only have 2,500 Points in your account, the Company will deduct 2,500 Points from your account and may either (a) deduct the other 2,500 Points from your account to create a negative account balance of -2,500 Points or (b) convert the Points shortfall (2,500 Points) to its Redemption Value (assume it is $2.50) and deduct that amount from your refund, so the amount of your refund upon return is $97.50 instead of $100.
Negative Points Balance
If you have a negative Points balance, you will still earn Points on Program-Eligible Purchases, which will be applied to your Points account until a positive Points balance is restored and thereafter. If your Points balance is negative, you will not be able to redeem Points until the positive Points balance is restored. If you return a Program-Eligible Purchase while your Points balance is negative, Company amd Shop Your Way Merchants reserve the right to deduct an amount equal to the Redemption Value of that negative Points balance from the purchase price to be paid to you with respect to that return. For example, if your Points balance is negative 1,000 Points and you return a $10.00 Program-Eligible Purchase, then you will receive $9.00 in cash or store credit, and 1,000 Points (a Redemption Value of $1.00) will be applied to your Points account.
There is no Program membership fee. The Participation Requirements for each Member are that such Member: (i) is 13 years of age (14 years old in Puerto Rico) or older, (ii) has provided to Company or Shop Your Way Merchant (as part of their Program profile) such Member’s correct required profile information, which may include at Company’s or Shop Your Way Member’s discretion: (a) first name, (b) last name, (c) zip code, (d) address, (e) phone number, and (f) other such information as Company may decide, and (iii) has provided a valid unique email address or mobile phone number that such Member has the right to use and that Member has authenticated. Zip code may not be required to be provided when enrolling on the Site. Members who do not authenticate their email address through the mechanism provided by Company may have their membership terminated. Company may request proof of identification and age to verify (A) your eligibility for Program membership, (B) membership participation, and (C) your compliance with these Membership Terms. By joining the Program, you agree to receive promotional emails from the Program. You may opt-out from these promotional emails at any time, but by doing so, you will cease being eligible for offers for Email Members. If you are between the ages of 13 and 18 (or 14 and 21 in Puerto Rico), you further agree that a parent or legal guardian has read these Membership Terms, you have obtained their permission to be a Member of the Program and your parent or guardian has registered on your behalf.
as a result in a change by Company in the Participation Requirements a Member
no longer meets the requirements for participation, then, from the date of such
change, such Member will no longer be entitled to earn Points or receive other
Member benefits (and all purchases from the date of such change by such Member
will be Non-Qualifying Purchases), unless and until such Member meets the
revised Participation Requirements. Members who have not provided the
information required in Section 9(ii) and Section 9 (iii) above
(but who were valid Members prior to imposition of such requirements), will be
entitled to continue as full Members of the Program (with the same rights and
responsibilities as other Members); provided that, Company reserves
the right to remove this exception at any time.
Loss of Membership Number, Restrictions, and Taxes
You are entitled to only one Member Number and one Points account. Company will issue you a new Member Number and transfer your Point balance, even if negative, to your new Member Number but only if you surrender your old Member Number. If you have more than one account we may, in our discretion, combine your accounts into one Points account. We also reserve the right to close accounts at any time in our discretion. You will immediately notify Company in the event of a lost or stolen Member Number. Company is not responsible for (i) lost or stolen Member Numbers or (ii) any misuse resulting from lost or stolen Member Numbers. Your Member Number and, if you have a Membership card your Membership card, remain the property of Company and must be surrendered upon request. Except as expressly permitted by Company in its discretion, Member Numbers and Points are not transferable and may not be sold, resold, exchanged, or bartered. Points you earn or are awarded may be subject to taxation, for which you are solely responsible.
Fraud and Errors
Company may adjust your Points account status or Points balance, at any time and without notice, due to any (A) computer error, (B) technical issues experienced by Company, (C) machine malfunction, (D) employee, customer, or other error, (E) fraud or other misuse of Points or the Program or (F) other reason which Company deems appropriate. All transactions involving Points are subject to review and verification by Company. All Points are for one-time use, and all transactions involving Points are final unless otherwise determined by Company. Any violation of these Membership Terms may result in the confiscation or cancellation of your Points and the suspension or termination of your Membership.
Overall Program Membership Terms
All references by the Company on the Site, or otherwise, to the Shop Your Way program shall be deemed references to the Program. Use of the Site, without enrolling in the Program, does not make you a Member and does not entitle you to the benefits of membership in the Program. If any provision of these Membership Terms is found to be illegal or unenforceable the remainder of these Membership Terms shall be unaffected and shall continue to be fully valid, binding and enforceable. Any use of the term "partner" in these Membership Terms is intended to convey a valued business relationship and does not indicate the existence of a legal partnership, joint agency or other relationship involving shared ownership or shared liability with Company. Participation in the Program is subject to these Membership Terms and all other terms and conditions, rules, policies, and procedures that Company may establish or change at any time and from time to time without notice.
Company may change the Program and these Membership Terms at any time and without notice, including but not limited to (i) changing the Program’s earning rates, (ii) changing the Program’s structure, (iii) removing or changing Points, including the rate at which Points are earned, (iv) changing the Redemption Value of Points, (v) raising or lowering Point levels, (vi) revising the procedures and rules for earning or redeeming Points, (vii) changing when Points expire, (viii) associating, combining, integrating, linking, or merging the Program with other programs, (ix) associating, combining, integrating, linking, or merging other programs with the Program, and (x) changing the list of participating: (1) Program Stores and Program Store locations and formats, (2) food concessions at Program Stores, (3) Company or Program Store-branded catalogs, (4) Company licensed businesses, (5) Company or Program Store-branded or sponsored websites, and (6) Shop Your Way Merchants. Company may make these changes even if these changes affect your ability to use Points already accumulated. You are responsible for remaining knowledgeable about these Membership Terms. Your continued participation in the Program constitutes your acceptance of any changes to these Membership Terms.
If to access your Points account you use a user ID and password, you are fully responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur with respect to your user ID and password, whether or not you authorize the activities. You must immediately notify Company of any unauthorized use of your user ID or password of which you become aware. You acquire no property rights in your password, Member Number, or Points account. You may not give access to your Points account to any third-party on-line service, including but not limited to any points management service, points tracking service, points aggregation service, or other service.
The interpretation and application of these Membership Terms is at the sole discretion and determination of Company, which in each case is final and conclusive. Member understands and acknowledges that certain limited time offers may not be available due to errors caused by equipment or system malfunctions, acts of God or other items outside of Company’s control, or incorrect Member information ("Interruptions") and therefore Member may not have an opportunity to take advantage of such offers. Company reserves the right, in its sole discretion, to either extend a limited time offer (or not) or offer an alternative offer (or not) in the event of an Interruption. If you wish to discontinue your participation in the Program you may cancel at any time by contacting: Shop Your Way Customer Relations at P.O. Box 365, Dodgeville, WI 53533 or by calling 800.991.8708 during business hours.
Important Notice Concerning Credit Card / Financing Offers: THE INFORMATION YOU HAVE GIVEN COMPANY FOR THE PROGRAM MAY BE USED TO MAKE PREAPPROVED CREDIT OFFERS TO YOU.
The laws of the State of Illinois apply to the Program and these Membership Terms without regard to any conflict of law rules that may require the application of the laws of another jurisdiction. Our failure to insist upon or enforce your strict compliance with these Membership Terms will not constitute a waiver of any of our rights.
You agree that by entering into these Membership Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action.
YOU UNDERSTAND AND AGREE THAT YOU ARE
WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER
THIS CONTRACT. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO
THE PROGRAM OR YOUR RELATIONSHIP WITH THE COMPANY (INCLUDING WITHOUT LIMITATION
WITH RESPECT TO POINTS, PROGRAM DATA, YOUR TRANSACTIONS WITH THE COMPANY,
COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES
COMPANY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU),
AS A MEMBER (COLLECTIVELY, “PROGRAM CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL
ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE
EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY
INTELLECTUAL PROPERTY RIGHT. PROGRAM CLAIMS INCLUDE CLAIMS BASED ON CONTRACT,
TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THE COMPANY’S
NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF
A Member who intends to seek arbitration must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be mailed to 3333 Beverly Road, Hoffman Estates, IL, Attn: SVP Shop Your Way and copied to Sears Holdings Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179, Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration.
All arbitrations required by these Membership Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. No arbitration brought under, or with respect to, Program Claims is to be joined to an arbitration involving any other party subject to these Membership Terms whether through class arbitration proceedings or otherwise. Unless Company and Member agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Company in accordance with this section (but not for any arbitration claim against you) Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY PROGRAM CLAIMS. THIS SECTION 14 (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY.
Company or you may seek injunctive relief only in any state or federal court in Chicago, Illinois, USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Chicago, Illinois, USA for injunctive relief purposes. The arbitrator shall have no authority to issue injunctive relief.