Shipvantage℠^SM Shipment Membership Program Terms & Conditions

Last updated: November 6, 2009

Below are the terms and conditions (“Terms”) for Shipvantage℠^SM Shipment Membership Program (the “Program”). These Terms are between you and Sears, Roebuck and Co. and Kmart Corporation (“Sears and Kmart”, “Us”, “Our” or “We”) and govern our respective rights and obligations. The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with the Program, constitute the entire agreement between you and Sears and Kmart in relation to the Program. Your use of the Sears.com Web site and/or the Kmart.com Web site (“Sites”) and membership in the Program are also governed by our Terms of Use and Privacy Policies, as well as all other applicable terms, conditions, limitations and requirements on the Sites, all of which (as modified from time to time) are incorporated into these Terms. If you register for membership, you accept these Terms, conditions, limitations and requirements. Please read these Terms carefully.

Program Benefits

Customers who sign up for the Program (“Program Members”) are entitled to free standard shipping, $0.99 per item for Expedited shipping and $3.99 per item for Premium shipping on Eligible Purchases on the Sites, for a period of one (1) year from the date of the purchase of the Program. The Program will be available on both Sears.com and Kmart.com for users who have customer profiles on both sites. It is not available for purchases on Sears' and Kmart affiliates' or licensed businesses websites. The Program is not available for Corporate Accounts or for customers who purchase products for business or institutional use or for customers who are resellers (customers who purchase and resell the items purchased from the Sites, to a third party).

Eligible Purchases

The Program is limited to items that can be shipped via USPS, UPS or FedEx, are sold by Sears and Kmart on the Sites and that are shipped to continental United States addresses, excluding Alaska, Hawaii, but excluding P.O. boxes, APO/FPO and U.S. territories, and possessions (“Eligible Purchases”). Though Two-Day and Express shipping benefits do not apply to the above excluded addresses, Program Members are entitled to free Standard shipping on Eligible Purchases shipped to P.O. boxes in the continental U.S. and APO/FPO addresses with U.S. zip codes. At Our sole discretion, We may exclude products from being Eligible Purchases including, but not limited to, oversize or heavy items, items regulated as hazardous materials, alcohol, appliances, fitness equipment, and other items with special shipping characteristics. Products sold by third parties or through third-party web sites are NOT considered Eligible Purchases for purposes of the Program.

Conditions

You must have a valid, active account on the Site(s) (Sears.com and/or Kmart.com), to register for and use the Program. In Our sole discretion, We reserve the right to accept or refuse membership. You may not transfer or assign your membership or any such benefits under the Program. Some special product, order, handling fees and/or taxes may still apply to Eligible Purchases. If only some of the items in your order are Eligible Purchases under the Program, you will pay applicable shipping charges for the items that are not Eligible Purchases under the Program. Changing or combining orders, or changing your shipping address, method of shipping, or other preferences might affect whether or not the merchandise is an Eligible Purchase under the Program.

Please note:

• Premium and Expedited shipping are options We use to determine your estimated delivery date (these options do not reflect product availability or our estimated shipping date);
• At Our sole discretion, We may ship the products by ground or air (these options do not correspond to any carrier-branded shipping services);
• Our carriers usually do not pick-up or deliver packages on weekends or holidays;
• We do not guaranty delivery of products within the estimated transit time or by the estimated delivery date.

Fees Renewal

As of the date above, the annual membership fee (“Membership Fee”) for The Program is $79.00. We make no representations or warranties that the Membership Fee will not increase or decrease from time to time. The Membership Fee is non-refundable except as expressly set forth herein. Taxes may apply on the Membership Fee and/or the reduced shipping charges for the Program. You authorize Us to charge the then effective annual fee at the time you join the Program to the credit card account you provide. The charged amount will be subject to the terms and conditions of the account tied to use of the email address provided.

Membership Cancellation

If you cancel your membership before you have made any eligible purchases contact us at order@customerservice.sears.com and We will refund your full Membership Fee.

Modifications to this Agreement

We may, in our sole discretion, modify these Terms and/or any aspect of the Program membership, without notice to you. However, any increase in the Membership Fee will not apply until your membership is renewed. Also, if We change the shipping charges for the Program, We will notify you by email at least thirty (30) days before the charges go into effect. If you cancel your membership before the effective date of these new shipping charges, We will give you a prorated refund of your Membership Fee based on the number of full months remaining in your membership period. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions to these Terms. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination by Us

We may terminate your membership at Our sole discretion with notice. If We do so, We will give you a prorated refund of the Membership Fee based on the number of full months remaining in your membership. However, We will not give any refund for termination related to conduct that We determine, in our sole discretion, violates these Terms or any applicable law, involves fraud or misuse of this membership program or any other Site services or features, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE SITE TERMS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.