Effective Date: May 1, 2021
These Membership Terms and Conditions (“Membership Terms”) apply to all members of the Shop Your Way Program, hereafter the “Program”, offered by Transform SR Holding Management LLC (together with its affiliated companies, “Company”) and are effective as of May 1, 2021. “Shop Your Way Merchants” refer to the merchant brands including physical and digital properties participating in the Shop Your Way program, which may change from time to time in Company’s sole discretion. A current list of Shop Your Way Merchants may be found at www.shopyourway.com/help/policies/partner-terms. 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 (the “Prior Program”), your Member Number has been 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, the Shop Your Way app or the SYW Max 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.
These Membership Terms are subject to the Shop Your Way Privacy Policy found at www.shopyourway.com/help/policies/privacy-policy, and the California Privacy Policy found at www.shopyourway.com/help/policies/california-privacy-policy (the “Privacy Policies”). Members may use the Site in connection with their membership and subject to the Terms of Use of the Site, which are found at www.shopyourway.com/help/policies/terms-of-use (the “Terms of Use”).
“Program-Eligible Purchases” means Qualifying Purchases, but do not include Qualifying Prescriptions (except for specific exceptions stated below).
“Qualifying Purchases” means purchases of products and services other than Non-Qualifying Purchases from participating: (i) Shop Your Way Merchants, (ii) Company-licensed businesses (products and services selected by these businesses from time to time), (iii) websites branded or sponsored by Shop Your Way Merchants, and (iv) Shop Your Way Partners, provided that, to be Qualifying Purchases, such purchases must be made in the manner, if any, prescribed by the Program for the applicable channel (e.g., for certain Shop Your Way Partners, the purchase must be made in a continuous transaction after accessing the Shop Your Way Partner’s website through the Site to be a Qualifying Purchase and for others it is necessary to link your credit card used for the purchase to your Member Number prior to making the purchase).
“Shop Your Way Partners” are third-parties (including their websites) that are designated by Company as Shop Your Way Partners, including, by way of example, third party merchants, restaurants, or service providers, who provide Points either through an agreement with Company or through their participation in a network that has an agreement, directly or indirectly, with Company.
“Non-Qualifying Purchases” means each of the following, which are excluded from 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 as a Qualifying Purchase in writing by the applicable Shop Your Way Merchant; (v) purchases of lottery tickets, licenses, tobacco, alcohol, firearms, gift cards, postage, gasoline, and Western Union services, unless specifically permitted by the Shop Your Way Merchants and 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); (xii) the portion of any purchase price which is eliminated due to a coupon or other discount, (xiii) purchases, transactions, and other items excluded by the terms and conditions established by Shop Your Way Merchants or, as applicable, Shop Your Way Partners; (xiv) prescriptions (except Qualifying Prescriptions); (xvii) certain purchases from Sears Home Services; and (xv) any other items which Shop Your Way Merchants or Shop Your Way Partners, from time to time in their sole discretion, may elect or be required to exclude. Layaway items purchased at Shop Your Way Merchants after you become a Member will become Qualifying Purchases only when you make your final layaway payment.
Types of Points
Under the Program, there are two basic types of Points, Shop Your Way Global Points (described more fully in subsection (A) below) and Additional Points (described more fully in subsection (B) below). In general, Shop Your Way Global Points have more standardized terms and can be redeemed at any Shop Your Way Merchant, whereas Additional Points are subject to the terms of individual offers and, typically, can only be redeemed by the Shop Your Way Merchant where they were earned. Shop Your Way Global Points and Additional Points are together referred to in these Membership Terms as “Points.”
Your “Shop Your Way Global Points” are the total of your of your (i) SYW Merchant Base Points; (ii) Affiliate Points; and (iii) Card Points, each of which is described below.
1) SYW Merchant Base Points
When you present your Member Number or other allowable membership identifier (e.g., phone number) at the point of sale in accordance with these Membership Terms or login to your Shop Your Way account prior to making an online purchase, in each case at a Shop Your Way Merchant, you earn “SYW Merchant Base Points” on your Program-Eligible Purchase amount at the rate of one Base 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 SYW Merchant Base Point if your Qualifying Purchase amount ends in $0.05 or more. For example, a Qualifying Purchase amount of $10.75 will earn 108 SYW Merchant Base Points, while a Qualifying Purchase amount of $10.74 will earn 107 SYW Merchant Base Points. Company reserves the right in its sole discretion to modify at any time the amounts and rates at which SYW Merchant Base Points are earned for Program Eligible Purchases.
2) Affiliate Points
“Affiliate Points” are points earned by making Qualifying Purchases from Shop Your Way Partners. Shop Your Way Partners either participate in the Online Store Program or the Card Link Program or another similar program designated by Company where Affiliate Points are awarded. Shop Your Way Partners who participate in the Online Store Program may be found at www.shopyourway.com/online-stores. Members may earn Affiliate Points by accessing a participating Shop Your Way Partner’s website through the Site and completing a Qualifying Purchase in a continuous session through the linked web portal. Shop Your Way Partners who participate in the Card Link Program may be found at www.shopyourway.com/app/11150/l/partners?p=url=/all-deals. Members may earn Affiliate Points by linking their credit card to their Member Number and making a Qualifying Purchase using the linked credit card at a Shop Your Way Partner who participates in the Card Link Program. For both the Online Program and the Card Link Program, the number of Affiliate Points issued varies by Shop Your Way Partner and is subject to the terms specific to the offer. Member is responsible for following the prescribed procedures so that the applicable Shop Your Way Partner issues the applicable points (e.g., accessing the Shop Your Way Affiliate’s website via the link provided on the Site and making the Qualifying Purchase in a continuous session). Affiliate Points will be issued to the Member only when such points are issued or funded by the Shop Your Way Partner. Shop Your Way Partners are third parties, and Company is not responsible for goods or services purchased from them.
3) Card Points
Card Points (as defined below) are available only to Members who have been issued a Shop Your Way Mastercard® issued by Citibank N.A. (the “Card”) “Card Points” are points that are issued pursuant to the terms described under the heading Shop Your Way Additional Category Earn Program at www.shopyourway.com/card (the “Card Points Terms”) . Card Points consist of Card Base Points and Card Extra Points. “Card Base Points” are 1% in Card Points earned on eligible Card purchases, as detailed in the Card Points Terms. “Card Extra Points” are extra Card Points earned on eligible Card purchases at gas stations, grocery stores and restaurants, so that a Member earns a total of 5% in Points at on Card purchases at gas stations and 3% in Points on Card purchases at grocery stores and restaurants on the first $10,000 in combined gas station, grocery store and restaurant purchases in each calendar year as detailed in the Card Points Terms. By way of example, if a member made an eligible Card purchase at a gas station, they would earn 4% in Card Extra Points and 1% in Card Base Points for a total of 5% in Card Points, provided that if the member had exceeded $10,000 in combined gas station, grocery store and restaurant purchases during that calendar year, they would receive 1% in Card Base Points but no Card Extra Points. Card Points refers collectively to Card Base Points and Card Extra Points, and all Card Points are Shop Your Way Global Points. As such, in terms of redemption, there is no difference between Card Base Points and Card Extra Points. From time to time, cardholders may receive additional offers for Card Points from what is set forth in the above terms, with such additional offers being subject to their published terms.
Except as otherwise determined by Company in its sole discretion, Shop Your Way Global Points may be redeemed on Program Eligible Purchases and on purchases of prescriptions (as permitted by law) at any Shop Your Way Merchant regardless of which Shop Your Way Merchant issued the points and regardless of whether the Points are SYW Merchant Base Points, Affiliate Points or Card Points, which are all Shop Your Way Global Points. Shop Your Way Global Points may also be redeemed at such other merchants as Company may designate from time to time in its sole discretion.
UNLESS ISSUED WITH A SHORTER EXPIRATION PERIOD, SHOP YOUR WAY GLOBAL 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 Shop Your Way Global Points earned on November 1, 2020 will expire on December 31, 2021. AFFILIATE POINTS ARE FREQUENTLY ISSUED WITH A SHORTER EXPIRATION PERIOD. POINTS ISSUED WITH A SHORTER EXPIRATION PERIOD WILL EXPIRE AT THE TIME PERIOD SPECIFIED IN THE OFFER FROM WHICH THEY WERE EARNED. ALL POINTS EXPIRE WITHOUT CREDIT, PAYMENT, OR OTHER VALUE TO YOU.
Any points that are not Shop Your Way Global Points (as defined above) are “Additional Points.” Members may earn Additional Points, in addition to SYW Merchant Base Points, on specified Qualifying Purchases made at Shop Your Way Merchants pursuant to the terms and conditions of promotional offers (which terms and conditions are incorporated into, and become a part of, these Membership Terms). Redemption and expiration of Additional Points are subject to the particular terms under which they are offered. Unless the offer otherwise states, Company and Shop Your Way Merchants issuing Additional Points reserve the right in their 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.
Except as otherwise determined by Company, Members may redeem Additional Points only at the Shop Your Way Merchant issuing the Additional Points and only on Program Eligible Purchases. Redemption of Additional Points from other Shop Your Way Merchants and other parties other than the issuer may be accepted solely as designated by Company from time to time and in its sole discretion.
ADDITONAL POINTS ARE VALID ONLY FOR THE PERIOD SET FORTH IN THE OFFER UNDER WHICH THEY WERE EARNED. TYPICALLY, ADDITIONAL POINTS HAVE SHORTER EXPIRATION DATES THAN SHOP YOUR WAY GLOBAL POINTS. ALL POINTS EXPIRE WITHOUT CREDIT, PAYMENT, OR OTHER VALUE TO YOU.
1) Multiple Offer Points
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 Points earned will include the Shop Your Way Global Points earned on the purchase. For example, a Member would normally earn 1,000 Shop Your Way Global 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 Global Points and 1,000 if which will be Additional Points.
2) Non-Purchase Points
Members sometimes may be offered the opportunity to 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 are Additional Points and can be redeemed only at the Shop Your Way Merchant from which they were issued.
Unless expressly stated in the offer, two or more Multiplier Offers may not be combined on a single item, provided that if multiple items with different applicable Multiplier Offers are purchased in the same transaction, the Multiplier Offers will be applied individually to the applicable items (e.g. 2x Points on shoes and 5x Points on tools).
Further, Company or Shop Your Way Merchants may award Points directly to Members, or to any subset of Members from time to time. Such awarded Points shall be Additional Points and shall be subject to the terms and conditions associated with the award.
Prescription Programs
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).
No Points May Be Earned Prior to Enrollment
POINTS ARE NOT EARNED ON PROGRAM-ELIGIBLE PURCHASES MADE PRIOR TO YOUR ENROLLMENT DATE OR, FOR ADDITIONAL POINTS, PRIOR TO THE START DATE OF ANY ADDITIONAL POINTS OFFER OR PROMOTION.
When Points Are Issued
SYW Merchant Base Points and, depending on the terms of the offer, Additional Points are typically issued within about seven days of the Qualifying Purchase but may, in some instances, take up to 30 days to issue. Affiliate Points may take 90 days or more from the date of the Qualifying Purchases to be issued. Card Points typically will post to your Shop Your Way account within approximately one week after the eligible purchase is made. Some Additional Points offers specify future dates on which Additional Points will be issued. For example, some 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.
Viewing Your Points
You may review your total Point balance from all Shop Your Way Merchants for Shop Your Way Global Points and Additional Points by logging into your account on the Site, provided that any Point balances displayed for Additional Points, without noting as such, may combine in a single total Additional Points with different applicable terms and that may not be eligible for redemption at a the same Shop Your Way Merchant and that, as a result, cannot be combined for use on a single purchase. Furthermore, Additional Points may not be viewable or usable from the “Shop Your Way Max” application and program. Shop Your Way Merchants may provide, at their discretion, the portion of your Point balance redeemable at their points of sale.
Multiple Rates
Company and Shop Your Way Merchants from time to time may establish multiple rates for earning Shop Your Way Global Points and Additional Points and/or 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 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 Company or 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.
Company makes no representations that all Members will be treated equally in the Program.
Points Earned Prior to Effective Date
Any Shop Your Way Global 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 remain Additional Points under these current Membership Terms, subject to the terms under which they were earned.
Redemption Value; No Cash Value
You may redeem your Shop Your Way Global 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. You do not acquire property rights in any Points, including those earned but not yet issued into to your account. 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.
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, 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 your Shop Your Way Mastercard account 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.
Returns
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/or (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, Shop Your Way Merchants and Shop Your Way Partners 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 ($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, Shop Your Way Merchants and Shop Your Way Partners 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.
US Virgin Islands and Guam
For Shop Your Way Merchants locations in the U.S. Virgin Islands and Guam, SYW Merchant Base Points are available only on purchases made with the Card. For clarity, purchases made with the Card at U.S. Virgin Islands and Guam locations will receive 2% in points on Qualifying Purchases (i.e., 1% in SYW Merchant Base Points and 1% in Card Base Points). Points may be redeemed at U.S. Virgin Islands and Guam locations in the same manner as elsewhere.
Participation
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. 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 or subsets thereof at any time through the “unsubscribe” link provided in the emails. . 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.
If, 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 sections(ii) and (iii) in the preceding paragraph (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) any 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, including with respect to Shop Your Way Partners, 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) Shop Your Way Merchants and/or Shop Your Way Partners, (2) food concessions at Shop Your Way Merchants, (3) Shop Your Way Merchant-branded catalogs, (4) Shop Your Way Merchant licensed businesses, and (5) Shop Your Way Merchant or Shop Your Way Partner-branded or sponsored websites. 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 either by calling (847) 766-0361 during regular business hours or by emailing sywsolutions@syw.com.
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.
Confidential Arbitration
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), THESE MEMBERSHIP TERMS, PRIVACY POLICIES, TERMS OF USE, THE SITE OR YOUR STATUS 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 LAW.
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 Transform SR Holding Management LLC, 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 (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.
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