The effective date of this Agreement is January 31, 2021.
As a User of the Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the 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 Site other than simply by reading product information and content and reviews posted by others, you must register using the registration form available by clicking the “register” link near the top of any page. Registration links are:
Sears Authorized Hometown Stores: https://profile.searshometownstores.com//d/user_management.jsp?pageMode=loginMode&profileFlag=&fragment=login-register&lang=en_US
Sears Authorized Home Appliance Showroom: https://profile.searshomeapplianceshowroom.com//d/user_management.jsp?pageMode=loginMode&profileFlag=&fragment=login-register&lang=en_US
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the 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 Site. In the event we become aware you are under 18, we will terminate your registration.
Changes To The 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 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 Site/Services
You may use the Site solely for your personal, non-commercial use. For example, you may use the Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the Site for User Content and business or product information. You may also invite people you know to join the Site. You acknowledge and agree that we do not control the User Content posted to the 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 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 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 our views. You understand that, by using the 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
2. remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
3. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
4. 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;
5. reformat or frame any portion of any Web pages that are part of the Site;
6. create user accounts by automated means or under false or fraudulent pretenses;
7. create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Site;
8. submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by us;
9. transmit or upload to the 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 Site, any other website, or any computer or other device or system, or the enjoyment of the Site by any User;
10. use the 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);
11. submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
12. copy or store any User Content offered on the Site other than for your personal, non-commercial use;
13. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the Site or the IT infrastructure used to operate and make the Site available;
14. use the Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
15. 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 Site
1. 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.
3. You are solely responsible for any User Content you post, publish or display on the 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 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.
4. You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Site any User Content that is false, inaccurate, misleading or fraudulent.
5. If you are employed by SAHS or if you have received or will receive any compensation or consideration from SAHS, including but not limited to product samples, directly or indirectly in exchange for any opinion, endorsement, review or critique that you post, upload or transmit on the Site, you must clearly and conspicuously disclose the nature of your connection to SAHS.
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 Site. You understand that SAHS 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.
7. In return for your access to and use of the Site, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any Ideas you submit on the Site:
o To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to SAHS and in doing so SAHS’ use of the Idea will not infringe upon any other individual’s or entity’s rights.
o You understand that disclosure of your Idea to SAHS does not establish a confidential relationship or obligate SAHS to treat the Idea (or any related materials) as secret or confidential.
o You understand that SAHS 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 SAHS 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.
o If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to SAHS.
o You understand that, except to the extent that these terms are superseded by a separate agreement in writing by you and SAHS, you hereby irrevocably release and forever discharge SAHS 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 SAHS and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how SAHS 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.
8. The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Site. You may not post any User Content that:
o is patently offensive to users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
o harasses or advocates harassment of another person;
o promotes illegal activities or conduct that is abusive;
o is threatening, obscene, defamatory or libelous;
o is pornographic or sexually explicit in nature; or
o 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 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 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 Site may be reached at the following address: Copyright Agent Sears Authorized Hometown Stores, LLC. 5500 Trillium Blvd, Suite 501 Hoffman Estates, IL 60179 (847) 286-2500
If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received 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:
1. Your physical or electronic signature;
2. 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;
3. 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
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cook County, Illinois, 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, SAHS 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 SAHS’s sole discretion.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of SAHS 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 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 Site without the express written permission of the trademark owner.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE 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 SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE 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 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 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 SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE 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 SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SAHS may display advertising prints for products sold through a Site. SAHS attempts to display the colors of the products shown on the 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 display device used by you.
Limitation On Liability
IN NO EVENT SHALL SAHS 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 INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE 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. INDIRECT AND/OR CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING CATEGORIES OF LOSSES OR DAMAGES: DAMAGES FOR LOSS OF PROFITS, LOST OPPORTUNITY COSTS, LOSS OF GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ANY EVENT, SAHS’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE 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 SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS YOU PURCHASE ON THE SITE. 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 advertisements from third parties on the Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for 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 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.
To see SAHS’s shipping and delivery policies in more detail, including product specific guidelines, please see the searshometownstores.com Frequently Asked Questions. SAHS offers optional store pickup for items ordered online, according to the Ship to a SAHS Store Guidelines SAHS does not
Virgin Islands. Some oversized items requiring freight delivery cannot be shipped to Alaska or Hawaii. The risk of loss and title for all merchandise ordered on the Site passes to you when the merchandise is delivered to the shipping carrier. You may purchase merchandise from the Site by using any one of the options listed in Payment Options. SAHS reserves the right to change its payment procedures at any time without prior notice to you.
SAHS charges sales tax for merchandise ordered on the Site based on the applicable state sales tax rate of the location to which the order is being shipped.
Some products offered through the Site may be fulfilled by third party merchants. Third party merchants’ shipping and delivery policies may differ from those offered by SAHS. When ordering a product sold by a third-party merchant, you should check the third-party merchant’s page for details on their shipping and delivery policies.
SAHS 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, SAHS reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. SAHS 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 Site is expressly prohibited. SAHS reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.
Pricing errors may occur on the Site from time to time, on items sold by SAHS, or items sold by third party merchants on SAHS Marketplace. SAHS attempts to correct all pricing errors as soon as they are discovered, or as soon as SAHS receives notice of an error. SAHS 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 SAHS. Any payments you make to SAHS for orders that are cancelled due to pricing errors will be refunded.
Returns And Cancellations
Orders you submit online may be cancelled until they are processed. Orders with a status of “Processing” may not be cancelled, and you must wait until your receive the Merchandise in order to return it. Order status can be checked online by logging into your account. All returns of merchandise are subject to the SAHS Returns & Cancellations policy.
Changes To Terms Of Service
c. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
d. Waiver of Rights, Including to Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
Contact And Violations
Sears Authorized Hometown Stores, LLC
5500 Trillium Blvd, Suite 501
Hoffman Estates, IL 60179