The effective date of this Agreement is April 11, 2011.
As a User of the Sears Site you may, in the future be able to post content and share it with other users, read content generated by other visitors to the Sears Site and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to, or participate in the Sears Site other than simply by reading product information and content and reviews posted by others, you must register using the registration form that will be made available via a link at the time available by clicking the "register" link near the top of any page on www.searscorporategiftcards.com.
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 or register on the Sears Site. In the event we become aware you are under 18, we will terminate your registration.
Changes to the Sears Site
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 Sears Site shall be for commercial use.. 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 Site/Services
You may use the Sears Site for commercial use. In addition, you may use the Sears Site to: solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the Sears Site for User Content and business or product information. 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, 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 our views. 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
- 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 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' use 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;
- 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 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 By You on the Sears Site
Without limiting the generality of any other provisions of these Terms of Service, you agree:
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 false, inaccurate, misleading or fraudulent.
You understand that SHMC 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 SHMC 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 SHMC.
You understand that, except to the extent that these terms are superseded by a separate agreement in writing by you and SHMC, you hereby irrevocably release and forever discharge SHMC 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 SHMC and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how SHMC and its affiliates and subsidiaries, directly or indirectly, use the Idea, 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 content that:
- is patently offensive to users of the Sears Site, 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;
- 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.
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:
Sears Holdings Management Corporation
3333 Beverly Road
Hoffman Estates, IL 60179
Or by email: email@example.com
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 Chicago, IL, 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, SHMC 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 SHMC's sole discretion.
As between you and us, the Sears 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 Sears 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,
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 Sears Site are the proprietary property of Sears or our respective licensors, 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 Sears 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 Sears Site without the express written permission of the trademark owner.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SEARS SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SEARS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SEARS SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SEARS SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SEARS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SEARS SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SEARS SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SEARS SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SEARS SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SEARS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Sears 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 is restricted or prohibited. In the event of a pricing error on the Sears Site, Sears reserves the right to cancel any orders resulting from such pricing errors.
To properly serve all customers, Sears reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. Sears further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.
Sears may display advertising prints for products sold through a Sears Site. Sears attempts to display the colors of the products shown on the Sears 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.
Limitation on Liability
IN NO EVENT SHALL SEARS OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE SEARS SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SEARS SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, SEARS' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SEARS SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SEARS SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Third Party Advertisements and Links to Third Party Sites
We may display on the Sears 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. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SEARS SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Placing an Order
At this time, with the exception of Sears' gift cards, Sears ships merchandise to locations within the 50 United States.
Sears ships to international locations via a third party partner. Sears does not ship to Puerto Rico, Guam or the US Virgin Islands.
Some oversized items requiring freight delivery can not be shipped to Alaska or Hawaii.
Sears gift cards are shipped within the continental United States, as well as 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 Sears shipping and delivery policies in more detail, please see Shipping & Delivery.
You may purchase merchandise from the Sears Site by using any one of the payment options listed in Payment Options.
Sears reserves the right to change its payment procedures at any time without prior notice to you.
Sears charges sales tax for merchandise ordered on the Sears Site 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 Sears return policy, available under Returns/Cancellations.
Contact and Violations
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to mailto:firstname.lastname@example.org.
One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
Before beginning any project, review the instructions carefully, and if any doubts or questions remain, consult local professionals or authorities.
Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your project complies with all applicable codes and regulations.
Always read and observe all of the safety precautions provided by any tool or equipment manufacturer, and follow all accepted safety procedures.
What follows are reminders, although not an exhaustive list, of safety measures you should be aware of if undertaking home improvements yourself.
They are not substitutes for your own caution, care, good judgment and common sense.
Always read container labels on paints, solvents, and other products; provide ventilation, and observe all other warnings.
Always read the manufacturer's users manual for using a tool, especially the warnings. You should not use tools until the owner's manual is received and reviewed thoroughly.
Always pay deliberate attention to how a tool works so that you can avoid being injured. Do not try to force them to do what they were not designed to do.
Always keep your hands away from the business ends of blades, cutters, and bits.
Never work with any tools when you are tired or under the influence of alcohol or drugs.
Never cut tiny pieces of wood or pipe using a power saw. Cut small pieces off larger pieces.
Never work in insufficient lighting.
Never work with dull tools. Have them sharpened, or learn how to sharpen them yourself.
Never saw a surface that spans a large distance between horses without close support on each side of the cut; the piece can bend, closing on and jamming the blade, causing saw kickback.
Never support a surface from underneath with your leg or other part of your body when working.
Always use hold-downs and push sticks whenever possible when working on a table saw. Avoid working short pieces if you can.
Always make sure that any adjustment is locked before proceeding.
Wear the Correct Gear:
Wear rubber or work gloves when handling chemicals, moving or stacking lumber, or doing heavy construction.
Wear eye protection, especially when using power tools or striking metal on metal or concrete.
Use a special-purpose tool belt with leather pockets and holders if you want to carry sharp or pointed tools, such as knives, awls or chisels. Never carry such tools in your pockets.
Wear a disposable facemask when you create dust by sawing or sanding. Use a special filtering respirator when working with toxic substances and solvents.
Never work while wearing loose clothing, hanging hair, open cuffs, or jewelry.
Power Tool Precautions:
Always be sure that the electrical setup is safe; be sure that no circuit is overloaded and that all power tools and electrical outlets are properly grounded. Do not use power tools in wet locations.
Always remove the key from any drill chuck (portable or press) before starting the drill.
Always clamp small pieces firmly to a bench or other work surface when using a power tool on them.
Always be aware that your body's reflexes probably are not fast enough to save you from injury from a power tool in a dangerous situation. Be alert!
Always hold a circular saw firmly, usually with both hands so that you know where they are.
Always use a drill with an auxiliary handle to control the torque when large-size bits are used.
Never change a movable part such as a saw blade, a drill or router bit unless the power cord is unplugged.
Do not depend on the switch being off; you might accidentally hit it.
Never use a power tool on a surface - large or small - that is not firmly supported.