The effective date of this Agreement is August 4, 2016.
Terms and services/safety notice
By accessing or using any features of this website (the "Website"), including the purchase of products and services on the site located at www.searspartsdirect.com (the "Sears PartsDirect Site") and operated and managed by Sears, Roebuck and Co. ("Sears," "we" or "us"), you agree to be bound by these terms of service (collectively, "Terms of Service"). All visitors to and users of any aspects of the Sears PartsDirect Site (collectively, "Users") are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these Terms of Service carefully each time you use this Website. Please note that the guidelines, policies and other terms and conditions of service and use of other Websites affiliated with Sears may vary from these Terms of Service.
As a User of the Sears PartsDirect Site you may, from time to time, post content and share it with other Users, read content generated by other visitors to the Sears PartsDirect 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 PartsDirect Site other than simply by reading product information and content and reviews posted by others, you may need to register at www.searspartsdirect.com.
These Terms of Service set out the legally binding terms with respect to your use of the Sears PartsDirect Site. Please read these Terms of Service carefully. Your access to and use of the Sears PartsDirect Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the Sears PartsDirect Site.
- Applicable law
- Changes to terms of service
- Changes to the Sears PartsDirect site
- Confidential arbitration
- Contact and violations
- General precautions
- Placing an order
- Power-tool precautions
- Restrictions on right to use
- Safety notice
- Third-party advertisements and links to third-party sites
- Use of the site/services
- User content posted by you on the Sears PartsDirect site
- Wear the correct gear
By visiting Sears PartsDirect Site, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Sears relating to the Sears PartsDirect Site.
Changes to terms of service
We reserve the right to make changes at any time to these Terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Sears PartsDirect Site after any modifications indicates your acceptance of the modified Terms of Service.
Changes to the Sears PartsDirect site
You agree and understand that the Sears PartsDirect Site, including any and all features available via the Sears PartsDirect Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Sears PartsDirect Site implemented after your initial access to the Sears PartsDirect Site shall be subject to these Terms of Service. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Sears PartsDirect Site by any User (all such items provided by Users, collectively, "User Content"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Service, including without limitation, by removing any User Content posted in violation of these Terms of Service, terminating the registration of such violators' or blocking such violators'use of the Sears PartsDirect Site.
You agree that by entering into these Terms of Service, you and Sears are each waiving the right to go to court to assert or defend your rights under these Terms of Service and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND SEARS RELATING IN ANY WAY TO THE SEARS PARTSDIRECT SITE (INCLUDING, WITHOUT LIMITATION, ORDERS MADE FROM THIS WEBSITE, SEARS' ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES SEARS SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SEARS PARTSDIRECT SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
Any User who intends to seek arbitration must first send to Sears, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 3333 Beverly Road, Hoffman Estates, IL 60179, Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
All arbitrations required by the Terms of Service will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award is binding and may be entered in any court of competent jurisdiction. No arbitration brought under, or with respect to, the Sears PartsDirect Site (including, without limitation, any Sears advertisement or disclosure, any email or mobile SMS (text) message that Sears sends to you, the collection or use of any information about you in connection with the Sears PartsDirect Site), these Terms of Service or your status as a User is to be joined to an arbitration involving any other party subject to these Terms of Service whether through class arbitration proceedings or otherwise. Unless Sears and you agree otherwise, the arbitrator may not consolidate more than one User's claims, any may not otherwise preside over any form of a representative, private attorney general or class proceeding. For arbitration claims you assert against Sears in accordance with this section (but not for any arbitration claim against you) Sears will pay all of your administrative, hearing, and arbitrator's fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in the state or federal court (whichever is greater) in the judicial district in which you reside. Sears will pay its, and you will pay your, lawyers', experts', and witness fees, expenses, and costs with respect to all claims during the arbitration. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST SEARS IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE SEARS PARTSDIRECT SITE (INCLUDING, WITHOUT LIMITATION, ORDERS MADE FROM THIS WEBSITE, SEARS' ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES SEARS SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SEARS PARTSDIRECT SITE), THESE TERMS OF SERVICE, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND SEARS.
Sears or you may seek injunctive relief in any state or federal court in Chicago, Illinois, USA, and Sears and you consent to the exclusive jurisdiction and venue in the state and federal courts in Chicago, Illinois, US for injunctive relief purposes.
Contact and violations
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to email@example.com.
One or more patents may apply to this Website, including, without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
If you believe any User Content or any other aspect of the Sears PartsDirect 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 PartsDirect 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 PartsDirect Site may be reached at the following address:
Copyright Agent Sears Holdings Management Corporation 3333 Beverly Road Hoffman Estates, IL 60179 Or by email: firstname.lastname@example.org
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, 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 Holdings Management Corporation ("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.
The Sears PartsDirect Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Sears PartsDirect 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 PartsDirect Site. In the event we become aware you are under 18, we will terminate your registration.
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.
As between you and us, the Sears PartsDirect 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 PartsDirect 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, any User Content posted by you is owned by you. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, 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 PartsDirect 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 PartsDirect 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 PartsDirect Site without the express written permission of the trademark owner. Nothing in these Terms of Service 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 ours.
Placing an order
At this time, with the exception of Sears' gift cards, Sears ships merchandise only to locations within the United States and its Territories, and does not ship to international locations. 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 PartsDirect 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 PartsDirect 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.
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.
In order to access some features of the Sears PartsDirect Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide and a screen name ("User ID"). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
Restrictions on right to use
Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):
download, modify, reproduce, adapt, translate, reverse-engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Sears PartsDirect Site, except and to the extent expressly permitted under these Terms of Service;
remove any copyright, trademark or other proprietary rights notice contained in or on the Sears PartsDirect Site;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Sears PartsDirect Site;
collect any information about other Users (including user names 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 PartsDirect 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 PartsDirect Site;
submit to the Sears PartsDirect Site any content that falsely states or implies that such content is sponsored or endorsed by us;
transmit or upload to the Sears PartsDirect 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 PartsDirect Site, any other website, or any computer or other device or system, or the enjoyment of the Sears PartsDirect Site by any User;
use the Sears PartsDirect 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 PartsDirect Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or
otherwise use the Sears PartsDirect Site to transfer or store illegal material, including any material deemed threatening or obscene;
copy or store any User Content offered on the Sears PartsDirect 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 PartsDirect Site or the IT infrastructure used to operate and make the Sears PartsDirect Site available;
use the Sears PartsDirect 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.
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.
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 PartsDirect 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.
The provisions of these Terms of Service entitled "Confidential Arbitration," "Applicable Law," and "Miscellaneous" will survive the termination of this Agreement.
Use of the site/services
You may use the Sears PartsDirect Site solely for your personal, non-commercial use. For example, you may use the Sears PartsDirect Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the Sears PartsDirect Site for User Content and business or product information. You may also invite people you know to join the Sears PartsDirect Site. You acknowledge and agree that we do not control the User Content posted to the Sears PartsDirect 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 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 PartsDirect 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 Sears PartsDirect Site, you may be exposed to User Content that is offensive, indecent or objectionable.
User content posted by you on the Sears PartsDirect site
Without limiting the generality of any other provisions of these Terms of Service, you agree:
You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Service, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
You are solely responsible for any User Content you post, publish or display on the Sears PartsDirect 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 PartsDirect 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 PartsDirect Site any User Content that is false, inaccurate, misleading or fraudulent.
By uploading User Content to the Sears PartsDirect Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) Sears, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid-up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or droit moral you may have in or with respect to any User Content you post to the Sears PartsDirect Site.
The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Sears PartsDirect Site. You may not post any content that:
is patently offensive to users of the Sears PartsDirect 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.
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.