These terms are effective as of May 1, 2014.
The Sears Commercial Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Sears Commercial 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 Commercial Site. In the event we become aware you are under 18, we will terminate your registration.
Changes to the Sears Commercial Site
You are responsible for maintaining the confidentiality of your password; 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 Commercial 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/License/Services
Sears grants you a limited license to make commercial use of the Sears Commercial Site. This license grant does not include: (a) any resale use of the Sears Commercial Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Sears Commercial Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Sears Commercial Site. Except as noted above, Users of the Sears Commercial Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Sears or any third party.
You may not use, frame or utilize framing techniques to enclose any Sears trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Sears’ express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Sears name, trademark, or product name without Sears’ express written consent.
Any unauthorized use of the Sears Commercial Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Permitted uses of the Sears Commercial Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the Sears Commercial Site for User Content (as defined herein) and business or product information, and purchasing goods or services from the Sears Commercial Site for commercial use, not for resale. You acknowledge and agree that we do not control the User Content posted to the Sears Commercial Site, or any links to other websites, including the content of any messages posted by Users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Sears Commercial 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 Commercial Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of Sears. You understand that, by using the Sears Commercial 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 Commercial Site;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Sears Commercial Site;
• collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
• reformat or frame any portion of any Web pages that are part of the Sears Commercial Site;
• create user accounts by automated means or under false or fraudulent pretenses;
• create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Sears Commercial Site;
• submit to the Sears Commercial Site any content that falsely states or implies that such content is sponsored or endorsed by us;
• transmit or upload to the Sears Commercial 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 Commercial Site, any other Web site, or any computer or other device or system, or the enjoyment of the Sears Commercial Site by any User;
• use the Sears Commercial 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 Commercial Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Sears Commercial Site to transfer or store illegal material, including any material deemed threatening or obscene;
• copy or store any User Content offered on the Sears Commercial Site other than for your own commercial use;
• take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the Sears Commercial Site or the IT infrastructure used to operate and make the Sears Commercial Site available;
• use the Sears Commercial 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.
If you believe any User Content or any other aspect of the Sears Commercial 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 Commercial 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 Commercial 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) 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 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 at the address 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 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 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, Sears 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 Sears’ sole discretion.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Sears Commercial 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 a 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 Commercial 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 Commercial Site without the express written permission of the trademark owner.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SEARS COMMERCIAL SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SEARS COMMERCIAL 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 COMMERCIAL SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SEARS COMMERCIAL SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SEARS COMMERCIAL 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 COMMERCIAL 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 COMMERCIAL 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 COMMERCIAL SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SEARS COMMERCIAL 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 COMMERCIAL SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
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 COMMERCIAL 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 COMMERCIAL 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 COMMERCIAL 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 COMMERCIAL 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 advertisements from third parties on the Sears Commercial 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 SEARS COMMERCIAL 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
For details on how to place orders on Searscommercial.com, please click here.
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 Commercial Site based on the applicable state sales tax rate of the location to which the order is being shipped.
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 or jurisdiction is restricted or prohibited.
Sears reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.
Sears may display advertising prints for products sold through a Sears Commercial Site. Sears attempts to display the colors of the products shown on the Sears Commercial 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.
Pricing errors may occur on the Sears Commercial Site from time to time. Sears attempts to correct all pricing errors as soon as they are discovered, or as soon as Sears receives notice of an error. Sears 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 Sears. Any payments you make to Sears 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 user account. All returns of merchandise are subject to the Sears Commercial Terms and Conditions . Please click on the policy for more details.
Contact and Violations
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; and 5,970,474.
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 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.
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.
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