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Terms of Use

These terms are effective as of September 25, 2013.


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


This web site or mobile application (the "Sears Site") is owned and operated by Sears Holdings Management Corporation, on behalf of itself and for its subsidiaries and affiliates (collectively, "Sears," "We" or "Us"). By accessing, using, registering for, or purchasing merchandise from the Sears Site, you agree to be bound by these terms of use (the "Terms"). All visitors to and users of any aspects of the Sears Site (collectively, "Users") are bound by these Terms. Sears reserve the right to modify the Terms at any time without prior notice to you, and therefore, Sears recommends that you read these Terms carefully each time you use the Sears Site. By signing in or registering to use the Sears Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the Sears Site.


Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with Sears may vary from these Terms. If a Sears affiliate has separate terms of use for its website(s), or a separate agreement governing its use, the provisions of the affiliate site's terms shall control in the event of a conflict with these Terms. Except as supplemented or superseded as described herein, these Terms apply to the entire network of Sears Sites, and control your use thereof. Except in the event of a conflict, as described in this paragraph, these Terms apply in addition to any other policies or agreements that may apply to you related to any contests, sweepstakes, rewards or loyalty programs, surveys, transactions or purchases of goods or services, or other engagements you have with the Sears Site.


Eligibility

The Sears Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Sears 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 Sears Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the Sears Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence) and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.


Privacy

Sears 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 Sears Site

You agree and understand that the Sears Site, including any and all features available via the Sears 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 Sears Site implemented after your initial access to the Sears 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 Sears Site by or on behalf of any User (all such items provided by or on behalf of Users, collectively, "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 Sears Site.


Registration

In order to access some features of the Sears Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide ("User ID"). To register, use the registration form available by clicking the "register" link near the top of any page on the Sears Site. By registering, you will also be enrolled as a member in the Shop Your Way program and must agree to the Program Terms and Conditions for Membership in the Shop Your Way Program available here. 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) enter, select or use a false name or an email address owned or 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. 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 are 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 Sears 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.


Use of the Sears Site/License/Services

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


You may not use, frame or utilize framing techniques to enclose any Sears 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 Sears' express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Sears name, trademark, or product name without Sears' express written consent.


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


Permitted uses of the Sears Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the Sears Site for User Content (as defined herein) and business or product information, and purchasing goods or services from the Sears Site for personal use, not for resale. You may also invite people you know to join the Sears Site. You acknowledge and agree that we do not control the User Content posted to the Sears Site, or any links to other websites, including the content of any messages posted by Users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) 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 Sears Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Sears 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 views of Sears. You understand that, by using the Sears Site, you may be exposed to User Content that is offensive, indecent or objectionable.


IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.


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 using your User ID 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 Sears Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Sears Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Sears 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 Sears 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 Sears Site;
  • submit to the Sears Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the Sears Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Sears Site, any other Web site, or any computer or other device or system, or the enjoyment of the Sears Site by any User;
  • use the Sears 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 Sears Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Sears Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Sears 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 data or traffic load on the Sears Site or the IT infrastructure used to operate and make the Sears Site available;
  • use the Sears 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.

User Content Posted on the Sears Site

Subject to the following restrictions, registered Users may post, upload or transmit User Content on the Sears 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's prior written consent.
  • You understand and agree that we do not monitor but reserve the right to review and delete any User Content, 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 Sears 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 Sears 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 Sears Site any User Content that is fals, inaccurate, misleading or fraudulent.
  • If you are employed by Sears or if you have received or will receive any compensation or consideration from Sears, including but not limited to product samples and Shop Your Way points, directly or indirectly in exchange for any opinion, endorsement, review or critique that you post, upload or transmit on the Sears Site, you must clearly and conspicuously disclose the nature of your connection to Sears.
  • By uploading User Content to the Sears Site, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant: (i) Sears, its Affiliates, our respective contractors, and our 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's personal, non-commercial use. You further represent and warrant that you did not work with parties in conjunction with your User Content who are: a) represented under contract (e.g., by a talent agent or manager) that would limit or impair our ability to display your User Content in any media form; b) subject to an acting or modeling contract that would make your/their appearance in the User Content a violation of any third-party rights; or c) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent us from being able to use the User Content worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations. 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 Sears Site.
  • You understand that Sears may be working on the same or a similar idea or concept to any ideas, expression of ideas or other materials you submit within your User Content, or that Sears may already know of such an idea or concept from other sources, or that Sears 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 Sears Site, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any User Content you submit on the Sears Site:
    • To the best of your knowledge, the User Content represents your own original work, you have all necessary rights to disclose the User Content to Sears and in doing so Sears' use of the User Content will not infringe upon any other individual's or entity's rights.
    • You understand that disclosure of your User Content to Sears does not establish a confidential relationship or obligate Sears to treat the User Content (or any related materials) as secret or confidential.
    • You understand that Sears has no obligation, either express or implied, to develop or use your User Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of User Content, or other content derived from your User Content. You understand that Sears assumes no obligation with respect to any User Content. 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 User Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact to Sears.
    • You understand that, except to the extent that these terms are superseded by a separate agreement in writing by you and Sears, you hereby irrevocably release and forever discharge Sears and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Sears and its affiliates and subsidiaries or their respecting successors and assigns with respect to the User Content, including without limitation in respect of how Sears, directly or indirectly, uses the User Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
  • The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Sears Site. You may not post any User Content that:
    • is patently offensive to Users, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person or User;
    • 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.

Sears retains the right to remove any User Content from its websites that in Sears' sole discretion violates any of the restrictions or guidelines defined in these Terms.


Copyrights

If you believe any User Content or any other aspect of the Sears 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 Sears 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
  • 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 Sears Site may be reached at the following address:


Copyright Agent
Sears Holdings Management Corporation
3333 Beverly Road
Hoffman Estates, IL 60179


Or by email: shmcdmca@searshc.com


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