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Privacy Policy

Last Updated October 1st  2018:

This website or mobile application (“Site”) is owned and operated by ShopUlter or partner (which does not include any reseller or affiliate). At ShopUlter, we want to ensure that you understand what information we gather about you, how we use it, and the safeguards we have in place designed to protect it. This Privacy Policy applies to information collected through this Site.

ShopUlter may update this Privacy Policy from time to time. Please check this Privacy Policy periodically for changes. If we make any changes, the updated policy will be posted to this Site with a revised “last updated” date. We encourage you to periodically review this page for the latest information on our privacy practices.

Your use of this Site, and any disputes arising from it, are subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions, including arbitration, class action waiver, limitation on damages and choice of law.

What Type of Information Do We Collect and How Do We Use It?

We may collect personally identifiable information (“PII” – for example, your full name, email address, mailing address, telephone number, mobile phone number or credit card number) from you when you voluntarily submit the information to us, such as when you purchase items from us, sign up for one of our services or programs or register with our Site. We may also collect PII from you–either directly or via a third party–in other ways, including, without limitation, if you choose to subscribe to our email program; participate in sweepstakes, contests, surveys, and polls; participate in our Personal Shopper program; post content or suggestions on this Site; or use any of this Site’s other features that otherwise permit you to provide information or other content.

We also may collect other information about you, including, without limitation, demographic information (such as number of household members, age, and gender) and information about your purchase preferences directly from you (whether online or offline) or from third parties such as public databases, social media platforms, data append services and others. In addition, we may collect information (such as your interests, hobbies, lifestyle choices, groups with which you are affiliated, products you want, like or own) from you as you use this Site and when you choose to provide this information to us through any interaction with this Site or otherwise.

We may use the information we collect from and about you to: process and fulfill your order, notify you of your order status, prevent fraud and otherwise provide you with customer service; respond to your inquiries and requests; create an account and register you as a registered Site user (“Registered User”) and/or Shop  member (“Member”); for marketing purposes and to send you information regarding this Site and other promotion Sites, as well as about our products, programs or services; provide you with mobile alerts, if you have requested them; customize your experience on this Site and on other ShopUlter Holdings Sites; provide you with relevant offers, products and services; permit you to use this Site’s social networking features; or provide you with other services. Please note that message and data fees may apply if you register for mobile alerts. We may also use the PII we collect from and about you for our business purposes, such as data analysis, audits, developing new products and services, enhancing our Sites, improving our services, personalizing your experiences, identifying usage trends and determining the effectiveness of our promotional campaigns.

We use single sign-on services that allow you to sign into this Site using your third-party social networking login credentials for accounts such as Facebook, Google or Yahoo. This allows you to link your existing social network profile to your Site account. Once connected, you will be able to post content on the third-party website from this Site and interact with your friends from the third-party site(s). Any information or content that you post to the third-party website will be subject to that website’s own privacy policy. We may also access and use available information from your third-party social network profile, such as your name, location, profile picture and information, gender, list of friends, friends’ profiles or postings, email address, wall postings and news feed.

We may use your email a to allow you to send messages to a friend through this Site. By using this functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.

Some Site features may make use of your device attributes and settings that will allow our Site to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalize your experience and provide you with offers, products and services that may be of interest to you. For example, this Site may help you find your closest store or send you messages that may be of interest to you based on your current location. ShopUlter   has no control over your device settings, but we do recommend enabling location services on your device so you can take advantage of the location based features and functionality offered by this Site.

ShopUlter  collected from you by means of cookies, pixel tags (also called web beacons or clear gifs), local shared objects and other technologies. Cookies are small bits of information that this Site places on your computer. We and our third party service providers use these technologies to identify your IP address, browser type, device characteristics, domain name, referring urls and specific links and web pages through which you click. This data is collected automatically and utilized for data analytics, site operations, fraud prevention and to help us improve this Site and your overall experience. This technology also allows us to recognize you when you return to this Site and to provide you with a customized experience that we feel will be of value to you. We may use and disclose  manner for any purpose, except where prohibited under applicable law.

What Information Do We Share and With Whom?

We may share your   with ShopUlter family of businesses to provide you with products or services that you have requested, to provide you with promotional offers we believe will be of interest to you and for any other purpose described in this Privacy Policy. The ShopUlter family of businesses includes all ShopUlter Holdings affiliates, as well as other selected third party businesses with which ShopUlter Holdings or its affiliates have a relationship and which have agreed to appropriate restrictions on the disclosure and use of your information. We do not rent or sell your information to marketers outside the ShopUlter Holdings family of businesses, unless you authorize us to do so.

ShopUlter Holdings may make third party applications available to you on our Sites and you may choose to authorize us to share your information with the application and its publisher. We require third parties who publish applications on our Sites to give you notice of their own privacy policy, which you should review prior to authorizing the application to access your information.

We may disclose your  to identify you to anyone to whom you send messages through this Site. You may disclose your own  identity message boards, chat, profile pages, blogs and other social networking features and services to which you are able to post information and materials. Please note that any information you post or disclose through these services may be available to Site visitors and to the general public, depending on the particular service and any privacy settings in place (such as through your profile). Be careful when deciding to disclose your  identity on our board or blog, your location or any other information, on this Site.

We may share your identity with service providers and other third parties that need access to your information to provide operational or other support services, such as payment processors, shipping agents, and product fulfillment vendors. These third parties must agree to appropriate restrictions on the disclosure and use of your information. Unless otherwise disclosed to you, these third parties are prohibited from using your information for their own marketing purposes.

We may provide information about you, which may include account details and transaction to regulatory authorities and law enforcement officials in accordance with applicable law, when we otherwise believe in good faith that the law requires it or to respond to requests from government authorities. There may be instances when we may use or disclose your account information in order to protect or defend the legal rights, property or operations of Sears Holdings or our employees or agents; to protect the rights, privacy, safety or security of users, members or others; to protect against fraud; and to allow us to pursue available remedies or limit the damages that we may sustain.

Shopulter  may sell, transfer and/or share account information with third parties in connection with a merger, reorganization, joint venture, assignment, spin-off, transfer or sale or disposition of all or any portion of our business, and in the event of a store closing or bankruptcy.


Can I Disable Cookies?

Most web browsers allow you to exercise control over cookie files on your computer by erasing them, blocking them, or notifying you when such a file is stored. Please take a look at your particular browser for instructions on this function.

We may also use Flash Cookies, LSOs and other technologies to, among other things, collect and store information about your use of the Services, fraud prevention and other site operations. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Services or our online content.

If you do elect to disable cookies, please note that you may not be able to take full advantage of a personalized experience on this Site and on other Sears Holdings Sites.


How Do We Handle Personally Identifiable Information Collected from Children?

This Site is a general audience site and we do not knowingly collect personal information from children under 13 years of age. In the event a ShopUlter Holdings Site or portion thereof is directed to children under 13, the Site will contain a Children’s Online Privacy Policy that complies with the Children’s Online Privacy Protection Act.


I Am a Minor, How Can I Remove My Posted Content?

If you are under 18 and a Registered User or Member, you may ask us to remove content or information that you have posted to the Site. To remove posted content or information on  the website, please write to Sales or Support team. To remove posted content or information from any other Site, please write to our support team.  Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.


What About Links to Other Sites?

This Site may contain links to other websites or applications that are not owned and operated by ShopUlter Holdings. In addition, some of our Sites feature content drawn directly from third party websites using a technique known as i-framing or simply “framing.” These frames allow you to view and interact directly with the third party website from within our Site. ShopUlter Holdings is not responsible for the privacy practices of non-affiliated websites or applications, including, without limitation, those that are linked to or framed on this Site. You should read the privacy statements of each and every website and application that collects cookies.


Interest-Based Ads – Online Advertisements

This Site may display ads from other companies. We also partner with third-party service providers to serve ads on our behalf on other non-affiliated third party sites or apps. Some of the ads on this Site or on third party sites or apps may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your device’s browsing activity. For example, anonymous information collected by our ad networks or other third-party service providers across multiple sites that you visit may enable the ad network to predict your preferences and show you ads that are most likely to be of interest to you. We may share your information with our service providers to permit them to recognize and serve targeted ads to you across the different devices you use. Before we share your information, we transform, or “hash”, it so that it is not in personally identifiable form.

If you do not wish to receive personalized advertising from us on other mobile or desktop sites, please visit the Network Advertising Initiative Opt-Out page.

The Network Advertising Initiative offers useful information about internet advertising companies, including information about how to opt-out of interest-based advertising by their members.

To learn more about interest based advertising and to manage your preferences for Sears and Kmart branded online ads, please visit the Terms and Services

These opt-out mechanisms rely on cookies to remember your choices with respect to ad-serving on websites. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests based on activities observed on our Site and/or web sites or mobile apps not owned and operated by ShopUlter Holdings.


Is My Information Secure?

We maintain reasonable and appropriate physical, electronic and procedural safeguards to protect your personal information. While we work very hard to protect your privacy, no method of security is 100% effective, and we cannot be responsible for the actions of those who may gain unauthorized access to your account information. ShopUlter Holdings makes no warranties, express, implied or otherwise, as to the ultimate effectiveness of its reasonable and appropriate safeguards.


How Can I Access My Information?

You can personalize your experience on this Site and other ShopUlter Holdings Sites by becoming a Registered User or Member. By registering, you will be able to tell us what products and services interest you, and whether you wish to receive information about special sales, promotions and other events. Once registered, you can submit, review and maintain your account profile information at any time by accessing your profile from within the particular Site. Your account information is accessible by using a password that you select or by using third-party social networking login credentials for accounts such as Facebook, Google or Yahoo if you choose to enable this feature.


Can I “Opt-Out” of Receiving Promotional E-mails?

From time to time, we may send you e-mails with promotional offers and messages. If you would no longer like to receive e-mails with promotional offers and messages from this Site, you can unsubscribe from these e-mails by following the unsubscribe link located at the bottom of each promotional e-mail. Please note that you may still receive transactional or relationship or other non-promotional e-mails (e.g. order confirmations, shipping notices, statements, important information regarding a product you have purchased).

 


Where Is My Information Stored?

Your account information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Site, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than in your country. This Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.


How May I Contact You?

If you have any questions about this Privacy Policy, please contact us at email page on our Contact page. Because email communications are not always secure, please do not include credit card or other financial information, health or prescription-related information or other sensitive information in your email to us. If you prefer to contact us via US Mail, please address your inquiry to Sales department.

Terms of Use

These terms are effective as of  October 1st 2018

Please read carefully! These Terms of Use set forth important details about your relationship with Shopulter including the rights you grant to Shopulter, restrictions on how you can use this web site, and our agreement to resolve disputes via binding arbitration without resort to class action litigation.

This website or mobile application is owned by the Shopulter and managed by Shopulter Holdings Management Company on its behalf and for the benefit of Shopulter and its affiliates and subsidiaries (“Shopulter”, “we” or “us”). By accessing, signing in, using, registering for, or purchasing merchandise from the Kmart Site you agree to be bound by these terms of use (collectively, the “Terms”). Shopulter reserves the right to modify the Terms at any time without prior notice, and therefore, we recommend that you read these Terms carefully each time you use the Shopulter site. By using, signing in, registering for the Shopulter Site, or purchasing merchandise from the Shopulter Site, you accept all the provisions of these Terms.

Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with Kmart may vary from these Terms.

Eligibility

The Shopulter Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Shopulter Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register, or purchase merchandise on the Shopulter Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the Shopulter Site may be restricted for sale to persons of a certain age (depending on their state or jurisdiction of residence) and will require you to submit or provide valid proof of your age before purchasing or receiving such age-restricted merchandise.

Privacy

Shopulter believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

Changes to the Shopulter Site

You agree and understand that the Shopulter Site, including any and all features available via the Shopulter Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Shopulter Site implemented after your initial access to the Shopulter Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Shopulter Site by any User or on behalf of any User (all such items are collectively referred to as “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators use of the Shopulter Site.

Registration

In order to access some features of the Shopulter Site, you may be required to register and submit an email address and select a password (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. By registering, you will also be enrolled as a member in the Shop Your Way Program, the terms and conditions of which are available here. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

Security

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Kmart Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Secure Password Guidelines

As an additive security measure, Shopulter recommends the following guidelines when establishing your online profile password:

Password should contain:

  • At least 8 characters
  • At least 1 uppercase letter (A-Z)
  • At least 1 lowercase letter (a-z)
  • At least 1 numeric value (0-9)

It is also a sound practice to differentiate passwords across multiple online accounts. Using the same credentials for multiple online accounts creates the potential for security breaches.

Use of the Site/License/Services

Shopulter grants you a limited license to make personal use of the Shopulter Site. This license grant does not include: (a) any resale or commercial use of the Shopulter Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Shopulter Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Shopulter Site. Except as noted above, Users of the Shopulter Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Shopulter or any third party.

You may not use, frame or utilize framing techniques to enclose any Shopulter trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Shopulter express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Shopulter name, trademark, or product name without Shopulter‘ express written consent.

Any unauthorized use of the Shopulter Site will terminate the permission or license granted by these Terms and may violate copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

You acknowledge and agree that we do not control the User Content posted to the Shopulter Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Shopulter Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Shopulter Site, you may be exposed to User Content that is offensive, indecent or objectionable.

The Shopulter Site does not provide medical advice. The content on Shopulter  Site is for informational purposes only and not a substitute for medical advice. Consult your physician or other health provider for advice or questions about your medical condition. If you need immediate medical attention, contact your physician or local emergency medical professionals without delay.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the ShopulterSite, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Shopulter Site;
  • collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
  • reformat or frame any portion of any Web pages that are part of the Shopulter Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Shopulter Site;
  • submit to the Shopulter Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the ShopulterSite any item containing or embodying a Shopulter us, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Shopulter Site, any other Web site, or any computer or other device or system, or the enjoyment of Shopultermart Site by any User;
  • use the Shopultert Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Shopulter Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwS hopulter the Shopulter Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Shopulter Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Shopulter Site or the IT infrastructure used to operate and make the Shopulter Site available;
  • use the Shopulter Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or collect or store personal data about other Users in connection with the prohibited activities described in this paragraph
  • if you are employed by Shopulter or if you have or will receive any compensation or consideration from Kmart, including but not limited to product samples and Shop Your Way Points, directly or indirectly in exchange for any opinion, endorsement, review orShopulter that you post, upload or transmit to the Shopulter Site, you must clearly and conspicuously disclose the nature of your connection to Kmart.

 

User Content Posted By You on the Kmart Site

Without limiting the generality of any other provisions of these Terms, you agree:

  • You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party prior written consent.
  • You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
  • You are solely responsible for any User Content you post, publish or display on the Shopulter Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Shopulter Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
  • You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Shopulter Site any User Content that is false, inaccurate, misleading or fraudulent.
  • By uploading User Content to the Shopulter Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) Shopulter , and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post to the Shopulter Site. You understand that Shopulter may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content (“Idea”), that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action. In return for your access to and use of the Shopulter Site, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any Ideas you submit on the Kmart Site. To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to Shopulter and in doing so and Shopulter’s use of the Idea will not infringe upon any other individual’s or entity’s rights.
  • You understand that disclosure of your Idea to Kmart does not establish a confidential relationship or obligate Kmart to treat the Idea (or any related materials) as secret or confidential.
  • You understand that Shopulter has no obligation, either express or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that Kmart assumes no obligation with respect to any Idea.
  • For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contact, your rights shall be limited to those existing under the patent laws of the United States.
  • If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to Shopulter .
  • The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Shopulter Site. You may not post any content that:
    • is patently offensive to users of the Kmart Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;Kmart
    • harasses or advocates harassment of another person;
    • promotes illegal activities or conduct that is abusive;
    • is threatening, obscene, defamatory or libelous;
    • is pornographic or sexually explicit in nature; or seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Copyrights

If you believe any User Content or any other aspect of the Shopulter Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Shopulter Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the Shopulter Site may be reached at the following address:

Copyright Agent

 

Or by email: Email US

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Shopulter may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Kmart’s sole discretion.

Privacy

Use of the Shopulter Site is also governed by our Privacy Policy, which we encourage you to review.

Ownership

As between you and us, the Shopulter Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Shopulter Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Shopulter Site are the proprietary property of Shopulter or their respective owners, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Shopulter Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the ShopulterSite without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.Shopulter  such pricing errors.

To properly serve all customers, Shopulter reserves the right to limit quantities. In this case, only one (1) of this limited quantity item may be placed in your shopping cart. Shopulter further reserves the right to cancel multiple orders of the limited quantity item purchased by the same Shopulter.com User and/or shipped to the same delivery address.

Shopulter may display advertising prints for products sold through the Shopulter Site. Shopulter attempts to display the colors of the products shown on Shopulter art Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the computer monitor used by you.

Third Party AdveShopulter DISPLAY ON THE Shopulter SITE ADVERTISEMENTS FROM THIRD PARTIES, SUCH AS BANNER ADVERTISEMENTS AND POP-UP TEXTS, AND LINKS TO THIRD PARTY SITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF SUCH ADVERTISEMENTS OR LINKS, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO SUCH ADVERTISEMENTS, ANY LINKED SITE, OR ANY LINK CONTAINED IN A LINKED SITE. THE DISPLAY OF ANY ADVERTISEMENT OR LINK DOES NOT IMPLY ENDORSEMENT BY US OF THE ADVERTISEMENT OR LINKED SITE OR ANY CONTENT THEREIN.

Placing an Order

At this time, Shopulter ships merchandise only to locations within the 50 United States. Shopulter does  ship merchandise to Puerto Rico, Guam, the US Virgin Islands andd any international locations.

Shopulter ships gift cards to locations within the United States, including Alaska, Hawaii and Puerto Rico. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. To see Shopulter shipping and delivery policies in more detail, please see Shipping & Delivery. You may purchase merchandise from this Website by using any one of the payment options listed in See our Payment Methods. Shopulter reserves the right to change its payment options at any time without prior notice to you

Shopulter charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.

Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Shopulter return policy, available under Returns/Cancellations.

Shopulter reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

To properly serve all customers, Shopulter reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. Shopulter further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the Shopulter site is expressly prohibited. Shopulter reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.

Shopulter may display advertising prints for products sold throuh gShopulter mart Site. Shopulter attempts to display the colors of the products shown on the Shopulter Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.

Pricing errors may occur on the Shopultert Site from time to time, on items sold by Shopulter, or items sold by third party sellers. Shopulterattempts to correct all pricing errors as soon as they are discovered, or as soon as Shopulter receives notice of an Shopulter reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Shopulter. Any payments you make to Shopulter for orders that are cancelled due to pricing errors will be refunded.

From time to time, and in our sole discretion, we may change the goods and services which are eligible for purchase with gift cards.  A valid payment method must be provided with your order if your Shopping Cart contains ineligible items.

Confidential Arbitration

You agree that by entering into these Terms, you and Shopulter are each waiving the right to go to court to assert or defend your rights under these Terms and the ability to participate in a class action.

ALL DISPUTES BETWEEN YOU AND KMART RELATING IN ANY WAY TO THE KMART SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE KMART SITE, KMART ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES KMART SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE KMART SITE), THESE TERMS, OR YOUR STATUS AS A USER 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.

Any User who intends to seek arbitration must first send to Shopulter , by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to New York adddress, Attn: Arbitration Shopulter, Attn: Shopulter. 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. No arbitration brought under, or with respect to, the Shopulter Site (including, without limitation, any  Shopulter a dvertisement or disclosure, any email or mobile SMS (text) message that Shopulter sends to you, the collection or use of any information about you in connection with the Shopulter Site), these Terms, or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise Shopulter less Shopulter and you agree otherwise, the arbitrator may not consolidate more than one User’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 Shopulter  in accordance with this section (but not for any arbitration claim against you) Shopulter 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 thev judicial district in which you reside. Kmart will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims during the arbitration. 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 Shopulter IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE KMART SITE, KMART’S ADVERTISEMENTS AND DISCLOSURES, EMAIL, AND MOBILE SMS (TEXT) MESSAGES KMART SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE KMART SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND Shopulter.

Shopulter or you may seek injunctive relief in any state or federal court in New York , USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in New York, USA for injunctive relief purposes.

Applicable law

By visiting Shopulter Site, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Kmart Site.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Shopulter in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Shopulter Site. These Terms, which shall be deemed accepted by you upon your use of the Shopulter Site, constitute the entire agreement among you, and Shopulter  regarding use of the Shopulter Site. Kmart’s 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 deemed to be illegal or unenforceable, the remainder of the terms shall be unaffected and shall continue to be fully valid, binding and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate the Privacy Policy for the Shopulter Site and any notices regarding the Shopulter Site.

Contact and Violations

Please contact us with any questions, or report any violations of these Terms. You can find contact information for Shopulter here: Shopulter Contacts

For claims or requests for arbitration, contact us.

Return Policy

STANDARD KMART RETURN POLICY – Effective with sales starting Oct 1st, 2018

We want you to be satisfied with your purchase.

Returns

Most products can be returned in new condition, with the original packaging (including accessories, manuals and parts) along with your receipt. Please see our terms and conditions below.

After the return period, or if the item has been used, the manufacturer’s warranty may apply. See your owner’s manual for specific product details & proper handling.

 

Refunds

  • will be issued in the same form as the original method of payment.
  • with a gift receipt will either be exchanged or refunded in the form of a gift card.
  • may require identification.
Return Policy*

*Exceptions and Other Terms may apply

(see below)

Shopulter Member Non-Member Comments
 

 

Purchases without

delivery or installation

 

 

30days

 

 

30 days

  • Shipped returns will deduct applicable shipping charges from your refund, unless the return is a result of our error.
  • Purchases made between November 1st and December 24th have an extended return period through January 31st for non-members and either January 31st or 45 days from date of purchase for members, whichever is longer.
Purchases in Mattresses:

–  Including foundations, bed frames, headboards & footboards

 

 

7 days
  • Returns must be in the original unopened sealed bag.
  • Returns must be undamaged, unsoiled & free of stains or infestations. All law tags must be attached.
  • Adjustable base foundations/beds are not returnable.   Please refer to your manufacturer’s warranty.
Upholstered furniture for indoors:

Including recliners & sofas

7 days
Exceptions and Other Terms The Exceptions and Other Terms below apply to both Shop Your Way members and non-members.

 

RETURN POLICY EXCEPTIONS and OTHER TERMS:

Non-returnable items:

  • No returns on Valentine, Easter, Halloween and Christmas product after the holiday. Holiday season items purchased after the holiday are final sales and no returns will be accepted.
  • Custom and personalized items, including custom jewelry cannot be returned.  Prescription drugs, and gift cards cannot be returned.
  • Opened music, movies, software, video games, and collectibles cannot be returned, but if defective, they can be exchanged for an identical item.
  • If you return an item for exchange, the replacement merchandise that you receive cannot be refunded, it is only eligible for exchange.
  • Delivery, labor &/or installation fees will not be refunded

 

Price adjustments for purchases made  online

  • Price adjustments will be given o purchases made  online that go on sale within 7 days of purchase only with your original sales receipt.
  • Price adjustments will not be given on online prices  holiday or seasonal merchandise or merchandise that is on clearance.

 

Returning items purchased

  • Shopulter partners  – third party businesses who sell items on our website. These items cannot be returned to Shopulter.
  • All returns of products sold and fulfilled by a third-party seller, including damaged and incorrect products must be returned directly to such third-party seller.
  • Each seller has individual return policies & requirements for returns. Please go to the  seller from the product page and then on the seller’s return policy link.
  • For items sold by a Shopulter Marketplace vendor and fulfilled by Shopulter, returns can be made via shipping to the facility indicated on your packing slip. Returns cannot be returned to a Shopulter store location.
  • Please note that Shopulter does not support returns for international orders sold or fulfilled by a third-party seller at this time. All international sales of products sold or fulfilled by these third-party sellers are final.

 

 

Promotional Offers:

  • If you return an item bought as part of a promotional offer, we will refund what you return minus the value of the discount, bonus item, or points earned. Examples: award cards, gift cards, free or bonus items received with purchase. Shop Your Way Points earned on the item will be removed from your Shop Your Way Account. We may reduce your refund amount if there is a points shortfall. See Terms of services for more details. Multiple-buy discounts are pro-rated among all items: if some are returned, the refund will be reduced by their pro-rated discount. Award cards may have an expiration date which will be on the face of the card.

We reserve the right to limit or decline a refund or exchange.

Reward Policy

WHAT ARE SHOPULTER REWARDS POINTS?

Rewards Points are a new way for Titan to thank you for being a loyal customer. You can start earning rewards points immediately— just create an account, and ensure you’re logged in when you buy things from us. Titan Rewards Points are earned with every purchase, and can be redeemed at checkout to save some serious money on your order.

EARNING SHOPULTER REWARDS POINTS

Rewards Points can be earned in a variety of ways, but one of the easiest ways is simply to earn them during checkout. Every dollar you spend across the official Titan websites  earns you one reward point— spend a dollar, you’ll be rewarded a point (spending more than one dollar is okay with us, too.)

Sometimes, additional actions, such as signing up for our email newsletter, or writing product reviews, can also net you some more points. We’ll sometimes give points away for special events such as birthdays, the holiday season, or celebrating that we’re having a good day. Be sure to keep an eye out for special days or weeks where you can earn extra points!

All reward points you earn are good for ever when you earn them. No worry you reward from us never expire

When you spend your points, it spends your oldest points first to make sure it’s easy to use them before they expire.

SPENDING REWARDS POINTS

You can redeem your Reward Points at any time during checkout to help pay for your order. Every Points are worth something in dollars spent, so it’s like you’re getting   cashback on every order! (Our lawyers want us to point out that you’ll need to spend those points on our websites on Shopulter products to redeem them— but honestly, why would you ever shop anywhere else?)

If you have at  40 rewards points for example, you’ll have the option of using of using your Shopulter Reward Points as one of your payment methods— simply apply them in conjunction with your credit card or Paypal info etc.  If you choose to go all-in and spend  your shopulter points  for example, it would knock $$$  off your final price at checkout.

Also important to note: You can spend as many rewards points as you want, on any order. If you have enough points saved up, you can even pay for your entire order with them.

MANAGE YOUR SHOPULTER REWARD POINTS

You have the ability to view and manage your points at any time through your Customer Account. From your account, you will be able to view your total (and real dollars equivalent), the minimum amount needed to redeem, as well as a reward history of acquired, redeemed and spent points.

The reward history log will display past points and purchases information for your records. This history will also show you any important notifications, such as expiration notifications, or limited time promotions.

STUFF OUR LAWYERS WANT US TO SAY

Points can be used as store credit in our system only. Redeeming to cash is not allowed or possible.

You can sign up to receive email notifications each time your balance changes when you either earn, redeem or lose points, as well as point expiration notifications. This option is found in the Reward Points section of the My Account area.

All points earn  after they are orders are pay for and completed.

As always, we reserve the right to update, change or remove any aspect of the reward points program, including the method by which points are earned or used at any time.

Payment Methods

You can purchase from Kmart with a gift card, or credit card.

We accept the following Gift Cards:

From affiliate partners and Shopulter.

Gift Card Restrictions:

Gift cards cannot be used to purchase, or be applied to any order containing certain named ineligible goods and services, including, but not limited to, coins, bullion, or other gift cards.  From time to time, and in our sole discretion, we may change the goods and services which are eligible for purchase with gift cards.  A valid payment method must be provided with your order if your Shopping Cart contains ineligible items.

We accept the following Credit Cards: