Membership Terms and Conditions – Shop Your Way Program
Effective Date: November 3, 2025
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 November 3, 2025. “Shop Your Way Merchants” refers to Company-related merchant brands, including physical and digital properties that participate in the Shop Your Way program. These Shop Your Way Merchants may change from time to time at Company’s sole discretion and are currently listed under the Merchant Terms available here: https://www.shopyourway.com/legal/merchant-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. These Membership Terms are subject to periodic changes that the 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, or any other websites and apps relating to the Program, as may now or hereafter be published by the Company (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 https://www.shopyourway.com/legal/terms-and-conditions-shop-your-way-program. Thes terms will supersede all previous versions.
PLEASE READ THESE MEMBERSHIP TERMS CAREFULLY. THESE MEMBERSHIP TERMS INCLUDE A DISPUTE RESOLUTION 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, 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”). Members who make Qualifying Purchases from Shop Your Way Partners are also subject to the Partner Rewards Terms of Use, which are found at https://www.shopyourway.com/legal/partner-rewards-terms-of-use (“Partner Rewards Terms of Use”).
Definitions
“Qualifying Purchases” means purchases of products and services, excluding 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. To be considered Qualifying Purchases, such purchases must be made in the manner 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 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) designated by the Company as Shop Your Way Partners. This includes, by way of example, third party retailers, restaurants, or service providers, who provide Points on a limited promotional basis, 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) shipping, installation, and delivery charges; (x) 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); (xi) the portion of any purchase price that is eliminated due to a coupon or other discount, (xii) purchases, transactions, and other items excluded by the terms and conditions established by Shop Your Way Merchants or, as applicable, Shop Your Way Partners; (xiii) prescriptions; (xiv) purchases from Sears Home Services franchisees; and (xv) any other items that Shop Your Way Merchants or Shop Your Way Partners, may elect or be required to exclude from time to time.
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.”
A. Earning Shop Your Way Global Points
Your “Shop Your Way Global Points” are the total of your (i) Shop Your Way Merchant Base Points; (ii) Shop Your Way Partner Points; (iii) 5321 Visa® Credit Card Points; and (iv) Shop Your Way Mastercard® Points, each of which is described below.
1) Shop Your Way 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 “Shop Your Way Merchant Base Points” on your Qualifying 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 Shop Your Way 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 Shop Your Way Merchant Base Points, while a Qualifying Purchase amount of $10.74 will earn 107 Shop Your Way Merchant Base Points. Company reserves the right in its sole discretion to modify at any time the amounts and rates at which Shop Your Way Merchant Base Points are earned for Qualifying Purchases.
2) Shop Your Way Partner Points
“Shop Your Way Partner Points” are points earned by making Qualifying Purchases from Shop Your Way Partners. Shop Your Way Partners participate in the Partner Rewards Program or another similar program designated by Company where Shop Your Way Partner Points are awarded. For additional information regarding the Partner Rewards Program, see the Partner Rewards Terms here: https://www.shopyourway.com/legal/partner-rewards-terms-of-use.
3) 5321 Visa® Credit Card Points
5321 Visa® Credit Card Points (as defined below) are available only to Members who have been issued a 5321 Visa® Credit Card by First Bank & Trust, Brookings, SD “(Issuer”). “5321 Visa® Credit Card Points” are points that are earned by you or an Authorized User when making eligible retail purchases (“5321 Visa® Credit Card Eligible Purchases”) using the 5321 Visa® Credit Card. Cash Advances, including cash-like transactions, Balance Transfers, convenience check amounts, purchases we believe to have been made by or for a business, transactions for a commercial or investment purpose, Account fees, interest charges, and unauthorized or fraudulent transactions do not qualify as 5321 Visa® Credit Card Eligible Purchases and do not earn 5321 Visa® Credit Card Points. If an Account credit is issued for an Eligible Purchase (for example, a merchandise return), we will deduct any 5321 Visa® Credit Card Points that were previously earned on the Eligible Purchase from your 5321 Visa® Credit Card Points balance based on the credited amount. Use of your 5321 Visa® Credit Card is subject to the terms of the Cardmember Agreement governing the account. The rate at which you earn 5321 Visa® Credit Card Points is dependent on the merchant category of the 5321 Visa® Credit Card Eligible Purchase. 5321 Visa® Credit Card Eligible Purchases made at gas stations, EV charging stations, public transit, taxi, rideshare, tolls, parking and car washes (collectively “Gas & Everyday Transportation”) earn 5321 Visa® Credit Card Points valued at 5% for every dollar charged. 5321 Visa® Credit Card Eligible Purchases made at grocery stores, restaurants, airlines, car rentals, cruises, hotels, timeshares, and travel agencies (collectively “Grocery, Dining, and Travel Purchases”) earn 5321 Visa® Credit Card Points valued at 3% for every dollar charged. 5321 Visa® Credit Card Eligible Purchases made at 5321 Visa® Shop Your Way Merchants earn 5321 Visa® Credit Card Points valued at 2% for every dollar charged. A list of current 5321 Visa® Shop Your Way Merchants can be found at https://www.shopyourway.com/legal/merchant-terms. All other 5321 Visa® Credit Card Eligible Purchases earn 5321 Visa® Credit Card Points valued at 1% for every dollar charged. Merchants who accept Visa/Mastercard credit cards are assigned a merchant category code, which is determined by the merchant or its processor in accordance with Visa/Mastercard procedures based on the kinds of products and services they primarily sell. We group similar merchant codes into categories for purposes of making rewards offers to you and make every effort to include all relevant merchant codes in our rewards categories. However, even though a merchant or some of the items that it sells may appear to fit within a rewards category, the merchant may not have a merchant code in that category. When this occurs, purchases with that merchant won’t qualify for rewards offers on purchases in that category. From time to time, cardholders may receive additional offers to earn 5321 Visa® Credit Card Points from what is set forth in the above terms, with such additional offers being subject to their published terms. You expressly acknowledge and agree that Issuer is not responsible for these Membership Terms or the Program and is not liable to honor or fulfill any earning or redemption of Points.
4) Shop Your Way Mastercard® Points
Shop Your Way Mastercard® Points (as defined below) were available only to Members who were issued a Shop Your Way Mastercard® issued by Citibank N.A. Shop Your Way Mastercard® Points are points that were issued pursuant to the terms described under the heading Shop Your Way Additional Category Earn Program at www.shopyourway.com/card (the “Shop Your Way Mastercard® Points Terms”). The Shop Your Way Mastercard® program was terminated on November 2, 2025 and cardholders can no longer earn Shop Your Way Mastercard® Points after this date. Shop Your Way Mastercard® Points may not be eligible for certain redemption options introduced after 11/2/2025. As stated below, Shop Your Way Mastercard cardholders have one year from the date of issuance to redeem their Shop Your Way Mastercard Points.
B. Earning Additional Points
Any points that are not Shop Your Way Global Points (as defined above) are referred to as “Additional Points.” Members may earn Additional Points, in addition to Shop Your Way 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, the 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 the Company, Members may redeem Additional Points only at the Shop Your Way Merchant issuing the Additional Points and only on Qualifying 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 the Company from time to time and in its sole discretion.
ADDITIONAL POINTS ARE VALID ONLY FOR THE PERIOD SET FORTH IN THE OFFER THROUGH 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 may sometimes 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; however, 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).
Furthermore, the 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.
C. Additional Terms
Sears Home Advantage Program
Shop Your Way Members will receive discounts, exclusive offers, and member-only content through Sears Home Advantage, a special benefit for Members of Shop Your Way. These discounts may be provided by issuing Sears Home Advantage Points, which are Non-Purchase Points (as defined above).
No Points May Be Earned Prior to Enrollment
POINTS ARE NOT EARNED ON QUALIFYING 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
Shop Your Way 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 take up to 30 days to issue. Shop Your Way Partner Points may take 90 days or more from the date of the Qualifying Purchases to be issued. 5321 Visa Credit 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 the amount and the 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 Shop Your Way account on the Site. However, any Point balances displayed for Additional Points, without noting as such, may be combined in a single total Additional Points with different applicable terms, which may not be eligible for redemption at a the same Shop Your Way Merchant. As a result, these points 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
The Company and Shop Your Way Merchants may, from time to time, establish multiple rates for earning Shop Your Way Global Points and Additional Points as well as multiple redemption values that differentiate among Members based on, or that depend on, reflect, or are affected by, Member achievement of specified levels of Qualifying Purchases such as VIP and/or other criteria. Member achievement levels are subject to expiration and may change or be revoked at any time at the sole discretion of the Company or Shop Your Way Merchants. The Company may also sell or otherwise transfer Points for cash or other consideration to Members and Shop Your Way Merchants.
Points Earned Prior to Effective Date
Any Shop Your Way Global Points earned prior to the effective date of the Membership Terms shall be combinable with and generally treated in the same manner as points earned after the effective date under these terms. However, Shop Your Way Mastercard® Points earned prior to the effective date of the Membership Terms will be treated in the manner described in Section A(4) above and are not redeemable for statement credits. 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.
Redeeming Points
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 Qualifying Purchases. You do not acquire property rights in any Points, including those earned but not yet issued into to your Shop Your Way account. POINTS HAVE NO CASH VALUE AND MAY NOT BE REDEEMED FOR CASH… NO CREDIT, CASH, OR OTHER VALUE WILL BE GIVEN FOR UNUSED POINTS.
Except as otherwise determined by Company in its sole discretion, Shop Your Way Global Points may be redeemed on Qualifying Purchases at any Shop Your Way Merchant regardless of which Shop Your Way Merchant issued the points and regardless of whether the Points are Shop Your Way Merchant Base Points, Shop Your Way Partner Points, 5321 Visa® Card Points or Shop Your Way Mastercard® 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.
Shop Your Way Global Points may also be redeemed toward Gift Cards/eGift Cards by visiting syw.com. Gift Cards/eGift Cards are subject to these Membership Terms and the terms and conditions set by the merchant issuing the Gift Card/eGift Card. Redemption of Points for a Gift Card/eGift Card constitutes acceptance of these Membership Terms and the terms and conditions set by the merchant issuing the Gift Card/eGift Card. Please see the issuing merchant’s website for such terms and conditions, which are subject to change at merchant’s sole discretion, if and as permitted by law. Gift Cards/eGift Cards are not exchangeable, refundable, or redeemable for cash or credit under any circumstances and are not replaceable in the event of loss, destruction after issuance or expired (if applicable). Gift Cards/eGift Cards are void if damaged or altered in any way or where and as prohibited by law. Gift Cards/eGift Cards can be discontinued at any time, without advance notice. Gift Card/eGift Card merchants are in no way affiliated with the Company, and are not considered sponsors or co-sponsors of this Program. Use of merchant names and/or logos are by permission of each respective merchant and all trademarks are the property of their respective owners.
Shop Your Way Merchant Base Points, Shop Your Way Partner Points, 5321 Visa® Credit Card Points are also eligible to be redeemed as a statement credit towards your credit card account balance. A minimum of 5,000 points ($5) is required to redeem for a statement credit. Your credit card account must be open and in good standing to be able to redeem your Points as a statement credit. Statement credits will be posted to your credit card account within ten (10) business days of the redemption request. If you redeem your points for a statement credit to your Account, the statement credit will reduce your outstanding balance but you are still required to make your minimum payment(s). STATEMENT CREDITS ARE NOT CONSIDERED A PAYMENT ON YOUR ACCOUNT. PLEASE REMEMBER TO SUBMIT AT LEAST YOUR MINIMUM MONTHLY PAYMENTS IN FULL BEFORE YOUR PAYMENT DUE DATES. Any request for statement credit redemption is final and cannot be revoked. You acknowledge and agree that the Issuer of your credit card is not responsible for any failure by Company to fulfill or complete your request to redeem Points as a statement credit.
Points Expiration
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. SHOP YOUR WAY PARTNER 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.
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 5321 Visa Credit Card account so you can earn more Points. You expressly agree and consent to the sharing of your information, including credit transaction information, between Company and the issuer of your 5321 Visa Credit Card account to facilitate the Program. 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 Shop Your Way account linked to that Identifier (and all Qualifying 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 Qualifying 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 Qualifying Purchase will be deducted from your Shop Your Way account if you return the merchandise or cancel the service associated with that Qualifying 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 Shop Your Way account are not related to the Qualifying Purchase for which the return or cancellation is made, and/or (iii) the deduction from your Shop Your Way account results in a negative Points balance. In the event that the number of Points that could be deducted from your Shop Your Way account as a result of a return or cancellation exceeds your current account balance, the Company, Shop Your Way Merchants and Shop Your Way Partners reserve the right to determine the Redemption Value of the Points shortfall. They may reduce the amount of your refund or credit for such return or cancellation by this Redemption Value. For example, if you purchased an item for $100 and earned 5,000 Points, then redeemed those 5,000 Points on another purchase and later returned the $100 item, the following would apply: If you still have more than 5,000 Points in your Shop Your Way account, the Company will deduct 5,000 Points from your account when you return the $100 item. However, 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 Shop Your Way 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 Qualifying Purchases, which will be applied to your Shop Your Way account until a positive Points balance is restored. After that, any additional points earned with also be added to your account. However, if your Points balance is negative, you will not be able to redeem Points until a positive balance is restored. If you return a Qualifying Purchase while your Points balance is negative, the 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 refunded to you for that return. For example, if your Points balance is negative 1,000 Points and you return a $10.00 Qualifying Purchase, you will receive $9.00 in cash or store credit, and 1,000 Points (with a Redemption Value of $1.00) will be applied to your Shop Your Way account to bring your Shop Your Way account Points balance to 0.
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 Shop Your Way 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 Shop Your Way account we may, in our discretion, combine your accounts into one Shop Your Way account. We also reserve the right to close Shop Your Way 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 applicable, your physical Shop Your Way 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 Shop Your Way 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 will provide notice as required by applicable law, 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. Company may assign its rights under these Membership Terms to a third party without notice to you. 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 Shop Your Way 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 Shop Your Way account. You may not give access to your Shop Your Way 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 here.
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.
Resolving Disputes
Prior to commencing, joining, or being joined (as either an individual litigant or the member of a class) to any judicial action that asserts a claim arising from, relating to, or in connection with these Membership Terms or your access to and/or use of the Program, you agree to provide, in writing to the address listed below, notice of your claim. You further agree to include with your notice, your name, a way in which Company can contact you (i.e., address, telephone number, email address, etc.), a description of your claim, and any documentation in your possession supporting your claim. You expressly acknowledge that compliance with this provision requires you to submit your claim and supporting documentation individually, and not as a group of individuals.
You also agree to provide Company no fewer than sixty (60) days from the date you submit your claim to resolve it, whether by taking corrective action or compensating you for your alleged damages.
Address to Send Your Claim: via email at legalint@transformco.com or mail at:
Transformco SR Holding Management LLC
5407 Trillium Boulevard, Suite B120
Hoffman Estates, IL 60192
Attention: Legal Intake
YOU AGREE THAT PROVIDING NOTICE OF YOUR CLAIM TO COMPANY AND ALLOWING COMPANY AT LEAST SIXTY (60) DAYS TO ATTEMPT TO RESOLVE YOUR CLAIM IS A CONDITION PRECEDENT TO YOUR COMMENCING, JOINING, OR BEING JOINED TO ANY JUDICIAL ACTION AGAINST COMPANY, AS EXPLAINED ABOVE.
Class Action Waiver
IF, AFTER HAVING PROVIDED COMPANY NOTICE OF YOUR CLAIM AND AT LEAST SIXTY (60) DAYS TO RESOLVE IT, YOU AND COMPANY HAVE STILL NOT REACHED A RESOLUTION AND IF YOUR CLAIM EXCEEDS $1,000, YOU AGREE TO WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO YOUR CLAIM.
Time Limit to Bring Your Claim
EXCEPT WHERE PROHIBITED BY LAW, YOU ARE NOT ALLOWED TO BRING ANY CLAIM AGAINST COMPANY (OR ANY OTHER THIRD-PARTY BENEFICIARY) MORE THAN ONE YEAR AFTER THE CLAIM ARISES. THIS DEADLINE WILL BE EXTENDED BY 30 DAYS IF YOU PROVIDE US WRITTEN NOTICE OF YOUR CLAIM, IN COMPLIANCE WITH THE “DISPUTE RESOLUTION” SECTION ABOVE, WITHIN ONE YEAR OF THE DATE YOUR CLAIM ARISES. IF, HOWEVER, YOU FAIL TO COMPLY WITH THE “DISPUTE RESOLUTION” SECTION WITHIN ONE YEAR AFTER YOUR CLAIM ARISES, YOU AGREE THAT YOUR CLAIM IS BARRED BY THIS PROVISION.
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