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More on ShopYourWay

ShopYourWay.com

Terms of Use

1. Introduction. The effective date of these ShopYourWay.com terms of use is March 1, 2013 ("SYW Terms"). Any person ("User") that accesses, registers, or uses the ShopYourWay.com website ("SYW Website"), which is operated and managed by Sears Holdings Management Corporation ("SHMC" together with its affiliates "SYW"), agrees to be bound by these SYW Terms. As used herein, the term "SYW Website" includes any other websites or applications (mobile or otherwise) accessible from the SYW Website or that SYW allows content from the ShopYourWay.com website to be posted upon.

SYW reserves the right to modify these SYW Terms at any time without prior notice to you. Any modifications to the SYW Terms will be effective upon posting. User agrees to review the SYW Terms periodically to be aware of any modifications. User's continued use of the SYW Website after any modifications indicates acceptance of the modified SYW Terms. Therefore, SYW recommends that you read these SYW Terms carefully each time User uses the SYW Website.

Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with SYW may vary from these SYW Terms.

The participants in the online community on the SYW Website are SYW's associates, suppliers and vendors, and the public, all of whom are interested in voicing opinions, sharing ideas, and finding others who share the same interests. As a participant in this community, User may also post content and share it with other users, read content generated by other users of the SYW Website and other affiliated sites, and view third party postings and reviews regarding products and services. If User wishes to post content to, or participate in the SYW Website other than simply by reading product information and content and reviews posted by other users, User must register through the SYW Website.
These SYW Terms set out the legally binding terms with respect to User's use of the SYW Website. If User is unwilling to be bound by these SYW Terms, User should not access or use the SYW Website.


2. Other Policies and Procedures. These SYW Terms are subject to the Sears Holdings Privacy Policy, California Privacy Policy and Children's Privacy Policy. Use of the Website is not the same as membership in the Shop Your Way Rewards program. To be a "Member" in the Shop Your Way Reward program (a/k/a as the Shop Your Way program", you must join the program on-line (e.g., at SYW.com, Sears. Com, Kmart.com) or in a participating store (e.g., Sears, Kmart). Participation in the Shop Your Way Rewards program is subject to the Terms and Conditions of the ShopYourWayRewards Program.


3. Eligibility. The SYW Website is not targeted towards, nor intended for use by, anyone under the age of 13. By using the SYW Website, User represents and warrants that he or she is thirteen (13) years of age or older. User may not access or use the SYW Website if User is unable to form a legal binding agreement with SYW. If you are not at least thirteen (13) years of age, do not access, use or register on the SYW Website. In the event SYW becomes aware that User is under thirteen (13), SYW will terminate any registration.


4. Use by Non-Exempt Associates. If User is a non-exempt associate (hourly or salaried) of Sears, Roebuck and Co., Kmart Corporation, or any of their affiliates, User may participate in the SYW Website for work-related reasons: (i) in the case of associates who clock in, only when the associate is clocked in, and (ii) in the case of associates who do not clock in, during regularly scheduled work hours. This includes time spent reading the SYW Website and composing content to post on SYW Website, and all other work related to SYW Website. Any participation when a non-exempt associate is not clocked in/outside of regularly scheduled work hours, other than paid time specifically authorized in advance by your manager, is voluntary, for User's own benefit and not required, expected or encouraged as part of User's employment (i.e., it is not considered work and must not be done on the Company's behalf).


5. Registration. In order to access some features of the SYW Website, User may be required to register. To register you must provide your first name, last name, a user name (which shall consist of an email address you provide) ("User ID") and a password. User agrees to provide SYW with accurate and complete registration information, and to inform SYW immediately of any updates or other changes to such information. With respect to registration to the SYW Website, User may not: (a) 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 (b) use as a User ID a name subject to any rights of a person other than User without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these SYW Terms, which may result in immediate termination of your account. In addition, SYW reserves the right to refuse registration of, or cancel a User ID in SYW's sole discretion. User shall be responsible for maintaining the confidentiality of the User ID and password, and User is fully responsible for all activities that occur under that User ID and password, whether or not User authorizes such activities. User agrees to (i) immediately notify SYW of any unauthorized use of a User ID or password of which User becomes aware, and (ii) ensure that User logs out of his or her account at the end of each session.

If User selects a username or similar identifier for Users account or Profile Page, SYW reserves the right to remove or reclaim it (for example, such as when a trademark owner complains about a username that is similar to their trademark).


6. Changes to the SYW Website. User agrees and understands that the SYW Website, including any and all features available via the SYW Website and any User Generated Content (as defined below), may be modified by SYW, in SYW's sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the SYW Website implemented after User's initial access to the SYW Website shall be subject to these SYW Terms. SYW does not actively monitor, and SYW undertakes 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 made available via the SYW Website by any User (all such items provided by Users, collectively, "User Generated Content"). Nonetheless, SYW reserves the right to investigate and take appropriate action, including legal action, in SYW's sole discretion, against anyone who violates these SYW Terms, including without limitation, by removing any User Generated Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators' use of the SYW Website.


7. Use of the SYW Website: User may use the SYW Website to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the SYW Website for User Generated Content and business or product information. User may also invite people User knows to join the SYW Website. User acknowledges and agrees that SYW does not control the User Generated Content posted to the SYW Website, or any links to other websites, including the content of any messages, and that SYW does not guarantee the accuracy, integrity or quality of any User Generated Content. User further understands and agrees that (a) SYW does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Generated Content posted on or otherwise displayed on or transmitted via the SYW Website, or (b) SYW does not make any promises, guarantees or warranties with respect to any of the User Generated Content or products, services, information, content or materials featured or mentioned on the SYW Website. All User Generated Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Generated Content, and does not necessarily represent SYW's views. User understands that, by using the SYW Website, User may be exposed to User Generated Content that is offensive, indecent or objectionable.


8. SYW Profile Page. SYW users shall have the ability to establish a SYW profile page ("Profile Page") as part of their account. SYW shall provide their real names and information to establish the Profile Page. At SYW's sole discretion, a SYW Profile Page and the related user id and login may be combined with profile pages on and used to access other websites. When establishing a Profile Page, in addition to complying with the other sections of these SYW Terms, User agrees to the following relating to registering and maintaining the security of your Profile Page:

(a) User will not provide any false personal information on SYW, or create an account for anyone other than User without permission.

(b) User will not create more than one personal account.

(c) If SYW's disables User's account, User will not create another one without SYW's permission.

(d) User will keep your contact information accurate and up-to-date.


9. SYW Tag Pages:

(a) Only authorized or official representatives may be an administrator ("Administrator") for a SYW tag page for an entity or a public person ("Tag Page"). Tag Pages also consist of "topic pages, and other specialized pages created by SYW from time to time. The name of each Tag Page name must accurately reflect the Tag Page's' content, and cannot be changed without permission by SYW. SYW may remove administrative rights or require Administrator to change the Tag Page name for any Tag Page that fails to meet this requirement. Tag Page names must use proper, grammatically correct capitalization and may not include all capitals, except for acronyms unless that accurately reflects the trademark or service mark of the business.

(b) Any User may be an Administrator for a Tag Page as long as that Tag Page would not otherwise violate or infringe on a third party's proprietary or intellectual property rights and such action is otherwise consistent with these Terms of Use.

(c) Content posted to a Tag Page is public and viewable by everyone who can see the Tag Page.

(d) Administrator (and/or its company, organization or public person) is responsible for all content posted to a Tag Page.

(e) An Administrator is required to restrict access to a Tag Page to the extent necessary to comply with applicable laws and SYW policies and procedures.

(f) No one can establish terms for a Tag Page that conflict with this Section 9or any other terms and conditions of the SYW Website.

(g) SYW reserves the right to not approve or take down any Tag Pages or revoke any Administrator's rights in its sole discretion.


10. Registration for Tag Pages and Security; Use of Tag Page User ID: In order to access some features of the SYW Website for Tag Pages, an Administrator may be required to register and to select a password and user name, which shall consist of an email address Administrator provide and a screen name ("Tag Page User ID"). If Administrator registers, Administrator agrees to provide us with accurate and complete registration information, and to inform SYW immediately of any updates or other changes to such information. For example, Administrator may not: (a) 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 (b) use as a Tag Page User ID, a name subject to any rights of a person other than User without appropriate authorization. Failure to comply with Section 9 and this Section 10 shall constitute a material breach of these Terms of Use, which may result in immediate termination of your account. In addition, SYW reserves the right to refuse registration of, or cancel a Tag Page User ID in SYW'S sole discretion.

Administrator shall be responsible for maintaining the confidentiality of the password, and Administrator is fully responsible for all activities that occur under his or her Tag Page User ID and password, whether or not Administrator authorizes such activities. Administrator agrees to (x) immediately notify SYW of any unauthorized use of a Tag Page User ID or password of which Administrator becomes aware, and (y) ensure that Administrator exits from Administrator's account at the end of each session.

SYW reserves the right to publish Administrator's Tag Page User ID, user name and stories that Administrator follows or reads. SYW further reserves the right to auto-follow certain Tag Pages.


11. Advertising and Promotions: Ads and commercial content (including Tag Page post content) are subject to SYW's review and SYW reserves the right to deny any the posting or use of any such content on the site. Third-party advertisements on Tag Pages are prohibited, without SYW's prior written consent. Use of Tag Pages for contests, sweepstakes and other promotion is prohibited without SYW's prior written consent and SYW may require a User to enter a separate agreement to use SYW's Sweeps application if User wishes to post a contest or sweepstakes on the SYW Website. If Administrator uses SYW to communicate about or administer a promotion (such as a contest or sweepstakes), Administrator (and/or its company, organization or public person) is responsible for the lawful operation of that promotion, including the official rules, offer terms and eligibility requirements and compliance with all applicable laws, rules and regulations governing the promotion and all prizes offered in connection with the promotion (e.g., registration and obtaining necessary a regulatory approvals). Further, absent SYW's prior written consent, each such contest, sweepstake or promotion must:

(a) Include a complete release of SYW by each entrant or participant.

(b) Include an acknowledgment that the promotion is in no way sponsored, endorsed or administered by, or associated with, SYW.

(c) Include a disclosure that the participant is providing information to [disclose recipient(s) of information] and not to SYW.

(d) Not condition registration or entry upon the user taking any action using any SYW features or functionality other than viewing a Tag Page or connecting to your app. For example, you must not condition registration or entry upon shoppin'.

(e) Not use SYW features or functionality as a promotion's registration or entry mechanism. For example, the act of shoppin' cannot automatically register or enter a promotion participant.

(f) Not use SYW features or functionality as a voting mechanism for a promotion.

(g) Not notify winners through SYW, such as through messages, chat, or posts on profiles or Tag Pages.

Please note that compliance with the above requirements does not constitute a support or approval of the lawfulness of a promotion by SYW. SYW strongly recommends that Administrator (and/or its company or organization) consult with an expert before running any promotions on SYW.


12. Mobile and Other Devices: SYW currently provides mobile applications for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

(a) In the event you change or deactivate User's mobile telephone number connected to your User ID or account, User will update the account information on SYW within forty-eight (48) hours to ensure that User's messages are not sent to a person who acquires your old number.

(b) User provides consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on SYW.

13. Messaging: The SYW Website allows Users to send messages to other Users and non-Users, which may include, without limitation, through the use of a messaging account available through the SYW Website. Without limiting the generality of any other provisions of these SYW Terms, User agrees that it will not:
    (a) Generate or facilitate unsolicited commercial messages ("Spam"). Such activity includes, without limitation:

      i. sending email in violation of the CAN-SPAM Act or any other applicable anti-Spam law;

      ii. imitating or impersonating another person or his, her or its email or message address, or creating false accounts for the purpose of sending Spam;

      iii. data mining any web property to find email/messaging addresses;

      iv. sending unauthorized mail or messages via open, third-party servers;

      v. sending emails or messages to users who have requested to be removed from a mailing list;

      vi. selling, exchanging or distributing to a third party the email or message addresses of any person without such person's knowing and continued consent to such disclosure; or

      vii. sending unsolicited emails or messages to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.

    (b) Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;
      i. Conduct or forward pyramid schemes and the like;
      \
      ii. Transmit content that may be harmful to minors;

      iii. Impersonate another person (via the use of an email or messaging address or otherwise) or otherwise misrepresent yourself or the source of any email or message;


14. Restrictions on Rights to Use: Without limiting the generality of any other provisions of these SYW Terms, User agrees that User will not (and will not to allow any other individual or entity to):
    (a) use SYW if User is a convicted sex offender.

    (b) Sell, trade, resell, or otherwise exploit or transfer any SYW account or portion thereof (including any Profile Page, Tag Page or application you administer) to anyone without first getting SYW's written permission;

    (c) 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 SYW Website, except and to the extent expressly permitted under these SYW Terms;

    (d) remove any copyright, trademark or other proprietary rights notice contained in or on the SYW Website;

    (e) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the SYW Website;

    (f) collect any information about other Users (including usernames, email or message addresses) for any purpose;

    (g) reformat or frame any portion of any Web pages that are part of the SYW Website;

    (h) create multiple user accounts or create user accounts by automated means or under false or fraudulent pretenses;

    (i) interfere with other Users' enjoyment of the SYW Website;

    (j) submit to the SYW Website any content that falsely states or implies that such content is sponsored or endorsed by SYW;

    (k) transmit or upload to the SYW Website 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 SYW Website, any other Web site, or any computer or other device or system, or the enjoyment of the SYW Website by any User;

    (l) use the SYW Website 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);

    (m) submit to the SYW Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the SYW Website to transfer or store illegal material, including any material deemed threatening or obscene;

    (n) copy or store any User Generated Content offered on the SYW Website other than for User's personal, non-commercial use;

    (o) take any action that imposes, or may impose, in SYW's sole discretion, an unreasonable or disproportionately large load on the SYW Website or the IT infrastructure used to operate and make the SYW Website available;

    (p) use the SYW Website and/ or any User Generated Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law;

    (q) collect or store personal data about other Users in connection with the prohibited activities described in this paragraph;

    (r) Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission; or

    (s) Use the SYW Website in connection with illegal peer-to-peer file sharing.

15. SYW Website Code of ConductThe following is a non-exhaustive list of the kind of User Generated Content that is illegal and/or is prohibited on or through the SYW Website. User may not post any User Generated Content or other content that:
  • is patently offensive to users of the SYW Website, 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.
16. Copyrights / DMCA.
    (a) Notice. If a person believes any User Generated Content or any other aspect of the SYW Website infringes such person's copyright, please send written notice of copyright infringement to SYW's designated copyright agent at the address given below. A Notice sent pursuant to this Section 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 is alleged to be infringed;
  • A description of where the material that is alleged to be infringing is located on the SYW Website;
  • The claimant's address, telephone number and email address;
  • A statement by the claimant that the claimant has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by the claimant, made under penalty of perjury, that the above information in the notice is accurate and that claimant is 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.

  • SYW's designated copyright agent for notice of claims of copyright infringement on the SYW Website may be reached at the following address:
    Copyright Agent
    Sears Holdings Management Corporation
    3333 Beverly Road
    Hoffman Estates, IL 60179

    (b) Counter-Notice. If a User believes that any of User's User Generated Content that was removed (or to which access was disabled) is not infringing, or that User has the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the User Generated Content, User may send a counter-notice containing the following information to the Copyright Agent, listed above:
  • 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 User has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • User's name, address, telephone number, and e-mail address, a statement that User consents to the jurisdiction of the federal court in Cook County, Chicago, Illinois, and a statement that User will accept service of process from the person who provided notification of the alleged infringement; and
  • If a counter-notice is received by the Copyright Agent, SYW 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 ten (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 ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at SYW's sole discretion.

17. OwnershipAs between User and SYW, the SYW Website, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Generated Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the SYW Website, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by SYW or SYW's licensors. Nothing contained in these SYW Terms shall be deemed to grant to User or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of SYW or any of SYW's licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed by SYW on the SYW Website are the proprietary property of SYW or its 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 SYW Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SYW. User may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the SYW Website without the express written permission of the trademark owner.
Nothing in these SYW Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of SYW.


18. User Generated Content The SYW Website may now or in the future permit the submission of User Generated Content. The nature of the SYW Website is interactive and public. In return for User's access to and use of the SYW Website, User acknowledges that User has read, understands and agree to the terms enumerated below with respect to any User Generated Content User posts on the SYW Website:
    (a) User may not post, upload or transmit any User Generated Content that (i) infringes, misappropriates 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 parties prior written consent.

    (b) User understands and agrees that SYW does not monitor but reserve the right to review and delete any User Generated Content for any or no reason, including User Generated Content that, in SYW's sole discretion, (i) violates these SYW 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.

    (c) User is solely responsible for any User Generated Content that User posts, publishes or displays on the SYW Website or transmits to Users. SYW reserves the right, but undertake no obligation, to monitor disputes between User and any other User, or any other entity or individual, in connection with the SYW Website. User is solely responsible for the resolution of any disputes that arise between User and any other User or any other entity or individual.

    (d) User will post only User Generated Content you believe in good faith to be true and accurate, and User will not post to the SYW Website any User Generated Content that is false, inaccurate, misleading or fraudulent.

    (e) As between User and SYW, subject to any licenses and rights expressly granted herein, any User Generated Content posted by User is owned by User. User is solely responsible for any User Generated Content User submits and the consequences of posting or publishing it.

    (f) User grants SYW and its personnel, a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid up, fully and partially sublicensable and transferable (without payment of any fees) license and right to use, copy, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon or incorporate into other works, such User Generated Content, with or without attribution, display and perform (in public and in private) and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media), the User Generated Content, in whole or in part, including future rights that SYW (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. User acknowledges that that SYW may extend the foregoing rights to its other users as SYW deems appropriate.

    (g) With respect to any User Generated Content user submits, user represents, warrants and covenants that: (i) User owns or has all necessary licenses, rights, consents or permissions to use and authorize SYW (and SYW users to use of the SYW Website) all patent, copyright, trade secret and trademark rights or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Website and these Terms of Use; (ii) User had the written consent, release or permission of each identifiable individual person in the User Generated Content to use the name, likeness or other personal characteristics of each such identifiable individual to enable inclusion and use of such User Generated Content in the manner contemplated by the SYW Website and these SYW Terms, and (iii) SYW and its users use of the User Generated Content will not misappropriate or otherwise infringe upon any other individual's or entity's rights.

    (h) User Generated Content will not be treated as confidential or proprietary and may be preserved or disclosed by SYW at SYW's discretion. Further, User understands that: (i) SYW may be working on the same or a similar idea to any ideas, expression of ideas or other materials that User submits as User Generated Content, (ii) SYW may already know of such User Generated Content from other sources, (iii) SYW may simply wish to develop the same (or similar) User Generated Content on SYW's own or (iv) SYW may have taken/will take some other action with respect to a User Generated Content.

    (i) User understands that SYW has no obligation, either express or implied, to develop or use any User Generated Content and that no compensation is due to User or anyone else for any inadvertent or intentional use of that User Generated Content, content similar to User Generated Content or content derived from such User Generated Content.

    (j) User understands that SYW assumes no obligation with respect to any User Generated Content. For User's own protection, SYW assumes that User will undertake any actions necessary for User to rely on whatever patent or other intellectual property protection that User may want to secure, or have already secured, in User Generated Content. In the absence of a separate formal contract, User's rights in any User Generated Content shall be limited to those User has secured under the intellectual property laws of the United States; subject to the rights granted to SYW and its users herein.

    (k) If User Generated Content is the subject of a pending or issued patent or other intellectual property protection, User has and will disclose that fact to SYW and the SYW Website in a prominent manner.

    (l) User understands that, except to the extent that these terms are superseded by a separate agreement in writing by User and SYW, User hereby irrevocably releases and forever discharges SYW 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 User now has or hereafter can, shall or may have against SYW and its affiliates and subsidiaries or their respecting successors and assigns with respect to SYW and its users use of User Generated Content, including, without limitation, in respect of how SYW, directly or indirectly, use the User Generated Content, with the sole exception in respect of the foregoing release and discharge being User's right to bring a claim of patent infringement for use which occurs 30 days after User has put SYW on written notice of such patent.

    (m) User hereby irrevocably waives and assigns to SYW any and all moral rights or "droit moral" User may have in or with respect to any User Generated Content that User posts to the SYW Website.

19. DisclaimerUSER EXPRESSLY AGREES THAT USER'S USE OF THE SYW WEBSITE, AND OF ANY USER GENERATED CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER CONTENT, OR MATERIALS CONTAINED IN OR DESCRIBED ON THE SYW WEBSITE, IS ENTIRELY AT USER'S 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, SYW MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SYW WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER GENERATED CONTENT PROVIDED VIA THE SYW WEBSITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN, ACCESSIBLE FROM OR DESCRIBED ON THE SYW WEBSITE, 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, SYW DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SYW WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND SYW IS 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 SYW WEBSITE, INCLUDING BUT NOT LIMITED TO USER GENERATED CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SYW WEBSITE. FURTHER, SYW MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SYW WEBSITE OR THE USER GENERATED 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 SYW OR THE SYW WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.


20. Limitations on Liability IN NO EVENT WILL SYW 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 THE SYW WEBSITE INCLUDING ANY USER GENERATED CONTENT OR OTHER CONTENT, ANY ERROR OR OMISSION IN THE SYW WEBSITE INCLUDING ANY USER GENERATED CONTENT OR OTHER CONTENT, ANY CLAIM THAT ANY CONTENT, INCLUDING USER GENERATED 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. USER EXPRESSLY AGREES THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH USER'S TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON THE SYW WEBSITE INCLUDING ANY USER GENERATED CONTENT OR OTHER CONTENT. IN NO EVENT SHALL SYW, ITS AFFILIATES, OR ITS/THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO USER OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING ANY DIRECT, EXEMPLARY, 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 SYW WEBSITE INCLUDING ANY USER GENERATED CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER CONTENT, INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SYW WEBSITE, 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, SYW'S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SYW WEBSITE OR ANY PART THEREOF, INCLUDING ANY USER GENERATED CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SYW WEBSITE, 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.


21. Indemnity. User agrees to indemnify and hold SYW and its, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys' fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to: (i) User's access to the SYW Website, (ii) your use of the SYW Website, (iii) any User Generated Content posted, uploaded or transmitted by User, (iv) User's use or distribution of any content, including User Generated Content, and all other services, products, and other information and materials contained in, accessible from or described on the SYW Website, (v) User's violation of these SYW Terms, (vi) any use of User's User ID or password by User or any third party, or (vii) the infringement, misappropriation or other violation by User, or any third party using User's account or User ID or password, of any intellectual property or other right of any person or entity.


22. Third Party Advertisements and Links to Third Party Sites.SYW may display on the SYW Website advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. SYW is 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 SYW of the advertisement or linked site or any content therein. IN NO EVENT WILL SYW 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 SYW WEBSITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK OR OTHER CONTENT CONTAINED IN A LINKED SITE.


23. Placing an OrderSYW.com uses Sears.com to provide its checkout functionality. Orders places on SYW.com are, in addition to these Terms of Use, subject to Sears.com Terms of Use which can be found here


24. Changes to Terms of Use. SYW reserves the right to make changes at any time to these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. User agrees to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the SYW Site after any modifications indicates your acceptance of the modified Terms of Use.


25. Applicable Law. By visiting SYW Website, User agrees that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these SYW Terms and any dispute of any sort that might arise between User and SYW relating to the SYW Website or the use or inability to use the SYW Website.


26. Disputes. ANY DISPUTE RELATING IN ANY WAY TO THE SYW WEBSITE, OR TO USER'S VISIT TO, USE OF, OR PARTICIPATION ON THE SYW WEBSITE, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CHICAGO, ILLINOIS, EXCEPT THAT, TO THE EXTENT USER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE SYW'S INTELLECTUAL PROPERTY RIGHTS, SYW MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN COOK COUNTY, CHICAGO, ILLINOIS, AND USER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. ARBITRATION UNDER THESE SYW TERMS SHALL BE CONDUCTED UNDER THE RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THESE SYW TERMS SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THESE SYW TERMS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.


27. Miscellaneous. No agency, partnership, joint venture, or employment relationship is created as a result of these SYW Terms, and you do not have any authority of any kind to bind SYW in any respect whatsoever. SYW may provide you with notices, including those regarding changes to these SYW Terms, by email, regular mail, or postings on the SYW Website. SYW's failure to exercise or enforce any right or provision of these SYW Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these SYW Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these SYW Terms shall otherwise remain in full force and effect and enforceable. These SYW Terms are not assignable, transferable or sublicensable by User, except with SYW's prior written consent. The headings in these SYW Terms are for convenience only and have no legal or contractual effect.


28. Contact and Violations.Please contact SYW with any questions regarding these SYW Terms. Please report any violations of the SYW Terms to webmaster@customerservice.sears.com.


29. Patents.One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490, 5,761,649, 6,029,142, 5,970,474, 6,330,592, 7,963,441, 8,015,068, 8,301,504, D619,603, D619,604, D619,605, D619,606, D619,607, D620,021 and D644,649.


30. Safety Notice.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.
    (a) General Precautions:
  • Always read container labels on paints, solvents, and other products; provide ventilation, and observe all other warnings.
  • Always read the manufacturer's user's 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.

  • (b) 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.

  • (c) 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.