Terms of Service

By using the ShopBolt Service, you hereby agree to the following terms and conditions (the “Terms”):

1. Introduction. ShopBolt (the “Service”) is a Shop Your Way service offered by Sears Holdings Management Corporation and its affiliates (collectively, “SYW”, “we” or “us”). The Service provides you an opportunity to connect with a shopper (a “Shopper”) who can help you research various types of retail merchandise (“Merchandise”) and provide you with purchasing advice (“Advice”). In addition, Shoppers can assist you with the purchase and delivery of that Merchandise to you.

2. No Obligation. The Service is currently free to you and there is no obligation to purchase any Merchandise. Participation. To participate in the Service, you may submit your request at www.shopboltnow.com (the “Service Site”) or text us at the number indicated on the Service Site. By using the Service, you agree to these Terms and also agree we may contact you via email, text or phone. By texting the Service, you agree that you may receive recurring autodialed marketing and information messages from our ShopBolt and Shop Your Way businesses and you also agree to the program terms and privacy policy at www.shcterms.com/mobile. Message & data rates may apply. Recurring messaging and frequency may vary. Reply STOP to cancel and HELP for info. Consent is not a condition of purchase.

3. Purchases. If you wish to purchase Merchandise, you will be required to complete the Checkout page on the Service Site with your shipping and billing information. When you authorize a purchase, you are authorizing Sears to initiate a purchase of the Merchandise on your behalf.

4. Title. SYW does not take title to any Merchandise you order. Rather, title to the Merchandise and risk of loss will pass to you from the seller upon purchase.

5. Representations and Warranties. By participating in the Service, you represent and warrant that: (a) you are at least 18 years of age, (b) all information that you provide in using the Service is accurate, current and complete, and (c) you will comply with all applicable laws, rules and regulations in using the Service and Advice and any Merchandise purchased through the Service.

6. Risk. Although SYW and Shoppers may provide Advice and recommend Merchandise to you, you acknowledge and agree that the decision to purchase and use any Merchandise and responsibility for the Merchandise is yours alone. Any reliance on such Advice and any use of such Merchandise is solely at your own risk. SYW and its Shoppers are not responsible for any acts or omissions of a seller.

7. WARRANTY DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYW DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE ADVICE, MERCHANDISE AND SERVICE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY. IN NO EVENT WILL SYW BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE) ARISING OUT THE USE OF, RELIANCE ON, OR INABILITY TO USE THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL SYW’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO USE THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) TWENTY-FIVE DOLLARS ($25).

9. Merchandise Warranties. Because SYW purchases Merchandise on your behalf, manufacturer or other product warranties for the Merchandise may not apply to your purchase and may not pass through to you. SYW does not guarantee that any Merchandise you purchase via the Service will be covered under a warranty, and will not be liable for any failure of a warranty to apply to your purchase. It is your responsibility to check with the manufacturer or seller to determine how purchasing any Merchandise through the Service may impact the Merchandise warranty.

10. Indemnification. You agree to indemnify and hold SYW and its respective officers, directors, employees and agents harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand arising out of or related to: (a) your use of the Service, (b) your reliance on any Advice, (c) your purchase and use of any Merchandise, or (d) your violation of these Terms.

11. Damage, Exchanges and Returns. You are solely responsible for addressing any Merchandise defects, damage, problems, refunds or exchanges directly with the seller of the Merchandise. Our Return Policy is set forth below.

12. Reservation of Rights/Our Right to Cancel. SYW reserves the right not to provide the Service or Advice to anyone for any reason. We also reserve the right to reject or cancel any Merchandise purchase request.

13. Privacy. All communications related to the Service (including your communications with Shoppers) are accessible by SYW and any information that SYW collects (either directly or indirectly through Shoppers or otherwise) in connection with the Service may be used and disclosed in accordance with the Shop Your Way Privacy Policy located at http://www.shopyourway.com/help/policies/privacy-policy.

14. Termination. SYW reserves the right to modify or terminate the Service at any time for any reason and may revise or amend these terms and conditions in its sole discretion at any time with or without notice.

15. Miscellaneous. You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute of any sort that might arise between you and SYW related to the Service or these Terms. These Terms, which shall be deemed accepted by you upon your use of the Service, constitute the entire agreement among you and SYW regarding use of the Service. Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign or transfer your rights under these Terms, except with our prior written consent. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control. The parties are independent contractors and these Terms do not create an agency, partnership, or joint venture.

15. Miscellaneous. You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute of any sort that might arise between you and SYW related to the Service or these Terms. These Terms, which shall be deemed accepted by you upon your use of the Service, constitute the entire agreement among you and SYW regarding use of the Service. Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign or transfer your rights under these Terms, except with our prior written consent. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control. The parties are independent contractors and these Terms do not create an agency, partnership, or joint venture.

16. Arbitration. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SYW ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE ABILITY TO PARTICIPATE IN A CLASS ACTION. ALL DISPUTES BETWEEN YOU AND SYW RELATING IN ANY WAY TO THE SERVICE, ADVICE, MERCHANDISE OR THESE TERMS 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. If you intend to seek arbitration, you must first send to SYW, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 3333 Beverly Road, Hoffman Estates, IL, Attn: Arbitration Intake 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 we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, the Service, Advice, Merchandise or these Terms is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless SYW and you agree otherwise, the arbitrator may not consolidate more than one individual’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 SYW in accordance with this section (but not for any arbitration claim against you) SYW 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. Unless unlawful, SYW 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. TO THE EXTENT PERMITTED BY LAW, 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 SYW IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE SERVICE, ADVICE, MERCHANDISE OR THESE TERMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND SYW. SYW or you may seek injunctive relief 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.

Text Disclosure

By texting us at the phone number provided on our homepage, you agree that you may receive recurring autodialed marketing and information messages from Shopbolt and Shop Your Way and you also agree to the program terms and privacy policy at http://www.shcterms.com/mobile. Message & data rates may apply. Recurring messaging and frequency may vary. Reply STOP to cancel and HELP for info. Consent is not a condition of purchase.

Return Policy

Any Merchandise you purchase through ShopBolt (the “Service”) is from a seller with its own return policy. Please review each seller’s return policy before authorizing a purchase through the Service. SYW will identify that seller to you before you make any purchase. If you wish to return Merchandise, you must notify us at orders@syw.co and then follow the return instructions in the applicable seller’s return policy. EXCEPT WHERE SEARS OR KMART IS THE SELLER OF THE MERCHANDISE THAT YOU PURCHASED, THE SEARS AND KMART RETURN POLICIES DO NOT APPLY TO ANY PURCHASES MADE THROUGH THE SERVICE. PLEASE DO NOT RETURN ANY MERCHANDISE TO ANY SEARS OR KMART LOCATIONS. Any refund from SYW to you is conditioned upon your full satisfaction of this return policy and the requirements of the seller’s return policy. You are solely responsible for returning the Merchandise directly to the seller in accordance with the seller’s return policy. When you make your return, please be prepared to provide copies of your receipt. Once the return has been processed by the seller and SYW has received the refund related to such return, SYW will process a refund for you. SYW will not provide any refund unless and until SYW has received a refund from the applicable seller. Please note that you are responsible for any costs or fees charged by the seller for your return (e.g., shipping fees, restocking fees), which fees shall be deducted from any refund you receive from SYW. Some sellers may allow returns for in-store credit only or refunds via another method as stated on the seller's return policy. Exchanges may be processed as a return or pursuant to the seller's policy on exchanges, if any.