Effective October 15, 2013
MAX Program Benefits
Customers who sign up for the MAX Program ("MAX Program Members") are entitled to free two day shipping on Eligible Purchases made on Sears.com and Kmart.com, or free standard shipping on Eligible Purchases of select Marketplace items, and $0.99 per item for Expedited shipping, and $3.99 per item for Premium shipping for Eligible Purchases on the Sites (discount on Expedited and Premium- shipping is only available on Sears and Kmart products), and are eligible to participate in the annual MAX Program (“Annual MAX Program”) at the current advertised price.
The annual MAX Program is limited to qualifying small parcel items that can be shipped via USPS, UPS or FedEx, are sold by Sears, Kmart, and select MarketPlace products, as indicated on the web site, that are available for free shipping on the Sites and that are shipped to continental United States addresses, excluding Alaska, Hawaii, P.O. boxes, APO/FPO and U.S. territories, and possessions ("Eligible Purchases"). 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-party web sites are NOT considered Eligible Purchases.
You must have a valid, active account on the Site(s) that the Annual MAX Program is offered on and you are ordering from, to register for and participate. 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 Annual MAX 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, you will pay applicable shipping charges for those items that are not Eligible Purchases.. 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.
- 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 guarantee delivery of products within the estimated transit time or by the estimated delivery date.
If you cancel your membership before you have made any eligible purchases contact us at email@example.com
and We will refund your applicable Membership Fee. Canceling your MAX Annual Program membership does not cancel your membership in the Shop Your Way program.
We may modify these Terms and/or any aspect of the membership, including terminating the MAX Annual Program in our sole discretion. If We do so, We will provide an email notice to you at the email address in your profile which will include the option to cancel any current membership in the About Me tab and Clubs link within My Profile or by contacting the Sears Customer Care Center at 1-800-349-4358 or the Kmart Customer Care Center at 1-866-562-7848. If We change the shipping charges and you cancel your membership before the effective date of these new shipping charges, if applicable 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 IN THE ABOUT ME TAB WITHIN MYPROFILE OR BY CONTACTING THE SEARS CUSTOMER CARE CENTER AT 1-800-349-4358 OR THE KMART CUSTOMER CARE CENTER AT 1-866-562-7848.
Termination by Us
We may terminate your membership at Our sole discretion with notice. If We do so, if applicable 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. Terminating your membership in the MAX Annual Program, however, does not cancel your membership in the Shop Your Way program. 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
ALL DISPUTES WE OR YOU HAS RELATING IN ANY WAY TO THE PROGRAM (INCLUDING WITHOUT LIMITATION WITH RESPECT TO OUR DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES WE SEND TO YOU, OR ANY CONTACT INFORMATION YOU SUPPLY TO US), THESE TERMS, OR THE shopyourway.com SITE 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 OF OUR INTELLECTUAL PROPERTY RIGHTS. All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator 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 ANNUAL MAX Program, these Terms, any of our disclosures, any email or SMS (text) message that we send to you, any contact information you supply to us in connection with the ANNUAL MAX Program, or the shopyourway.com Site is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise.
For arbitration claims you assert against us in accordance with this section (but not for any arbitration claim against you) we will pay all of your administrative, hearing, and arbitrator 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, we will pay our, and you will pay your, lawyers, experts, and witness fees, expenses, and costs with respect to all claims.
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 us in any court, or in arbitration, with respect to any claims arising under these Terms, (including without limitation with respect to our disclosures, email and mobile SMS (text) messages we send to you, or any contact information you supply to us in connection with the Program), or your status as a Member. This waiver will survive the termination of the relationship between you and us.
We or you may seek injunctive relief in any state or federal court in Chicago, Illinois, USA, and we and you consent to the exclusive jurisdiction and venue in the state and federal courts in Chicago, Illinois, USA for injunctive relief purposes.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.