TERMS OF USE

Welcome to the Sears ManageMyHome.com site (the "Site" or "Sears"). The following terms of use ("Terms of Use") govern your access, use and subscription (collectively, "Subscription") to this Site. BY YOUR SUBSCRIPTION TO, OR OTHERWISE ACCESSING, BROWSING, SUBMITTING INFORMATION, OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE AND ANY OTHER TERMS PRESENTED WITH ANY CONTENT OR OTHER MATERIALS LOCATED ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE. SEARS MAY AMEND THESE TERMS OF USE AT ANY TIME AND FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST TERMS OF USE WILL BE POSTED ON THE SITE. ANY CHANGES TO THESE TERMS OF USE SHALL BE EFFECTIVE IMMEDIATELY FOLLOWING THE POSTING OF SUCH CHANGES. YOU AGREE TO REVIEW THESE TERMS OF USE FROM TIME TO TIME AND AGREE THAT ANY SUBSEQUENT ACCESS TO OR USE BY YOU OF THE SITE FOLLOWING CHANGES TO THE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL SUCH CHANGES.

BY ACCESSING, SUBSCRIBING OR OTHERWISE USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED FROM TIME TO TIME BY SEARS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT SUBSCRIBE OR OTHERWISE ACCESS OR USE ANY PART OF THIS SITE.

1. Ownership. Unless otherwise noted, all text, content, and documents on the Site (the "Documents"), and the organization, design, compilation, look and feel, graphics, illustrations, artwork, video, music, images, software or other works or materials (collectively, with the Documents, hereinafter referred to as the "Materials") are owned or licensed by Sears Brands LLC and/or a third party (hereinafter collectively referred to as the "Copyright Holder") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Sears Brands LLC and you, all right, title and interest in and to the Materials will at all times remain with the Sears Brands LLC and/or its Copyright Holders. Sears Brands LLC respects the rights of all intellectual property owners and in this regard, it has adopted and implemented a policy that provides for the suspension and/or termination in appropriate circumstances of users who infringe the rights of others.

2. Limited Use; Restrictions on Use. Sears reserves the right to prohibit or delete postings that violate applicable law, contain explicit, obscene, vulgar or "adult" language, are in bad taste, or that we consider harmful to other members. However, Sears does not have the practical ability to restrict conduct or communications that might violate these guidelines, nor can we ensure prompt removal of offensive postings. Please utilize this Site at your own risk. Advertising or spamming of any kind is not tolerated and will likely result in the loss of your ManageMyHome.com membership. Sears reserves the right to prohibit or delete postings that solicit business of any kind. You should not post information that is copyrighted or owned by any individual or entity other than you without the express consent of the owner. Sears is not responsible for member-posted information that may violate copyright law. Sears reserves the right to move or simply to delete a post which does not relate to the question posed. You hereby agree to only look up and view your Sears purchase history and not that of other ManageMyHome.com members. Sears reserves the right to prohibit users from viewing other member’s purchase histories. Looking up and viewing other user’s purchase histories will likely result in the loss of your ManageMyHome.com membership.

Sears grants you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and use the Documents on the following conditions: (a) you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, (b) you may download or print copyrighted material for your personal use only, (c) except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded or printed material will be permitted without the express permission of Sears and the copyright owner, (d) in the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made, (e) you acknowledge that you do not acquire any ownership rights by downloading copyrighted material, and (f) you will use the Documents and any referenced services and products on the Site or accessible via the Site for lawful purposes only. Any other use of the Documents without Sears' prior written consent is expressly prohibited. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under Sears' and/or its Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. All rights not expressly granted herein are reserved. Notwithstanding anything herein to the contrary, SEARS MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME AND WITHOUT PRIOR NOTICE.

3. Online Privacy Policy. Our online Privacy Policy is incorporated herein by reference and forms a part of these Terms of Use and describes the collection, use, and sharing of personally identifiable and other information that may be provided in connection with the use of, and your Subscription to the Site, which you should read carefully before accessing or using the Site.

4. Disclaimers and Limitation on Liability.

a. DISCLAIMER OF WARRANTIES. The Site contains information, facts and opinions from various individuals and organizations. THE CONTENTS OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND SEARS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENTS. SEARS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THE SITE AND ANY SERVICES, PRODUCTS OR THE MATERIALS ACCESSIBLE THEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN SEARS HEREBY GRANTS THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THE MATERIALS, SEARS' EMPLOYEES, AGENTS, SUPPLIERS, LICENSOR(S) OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION 4.

b. ADDITIONAL DISCLAIMERS. SEARS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE MATERIALS OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR CURRENT AND SEARS DOES NOT WARRANT THAT YOUR USE OF THE SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR COMPLETELY SECURE. THE SITE AND ANY MATERIALS COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. SEARS RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE CONTENT OR MATERIALS WITHIN THE SITE OR ANY PART THEREOF WITHOUT NOTICE. ADDITIONALLY, YOU ACKNOWLEDGE THAT THE SITE CONTAINS INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, SOME OF THE DOCUMENTS. SEARS DOES NOT ENDORSE AND SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT CONTAINED ON THE SITE OR MATERIALS ACCESSIBLE VIA THE SITE. FURTHER, SEARS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION OR MATERIALS. SEARS IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.

c. LIMITATION ON LIABILITY. Your use of and/or reliance on the Site and any information therein is at your own risk. NEITHER SEARS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY INFORMATION, DOCUMENTS, MATERIALS, PRODUCTS OR SERVICES CONTAINED THEREIN, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SEARS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS REPRESENTATIVES OR AFFILIATES ARISING OUT OF YOUR USE OF THE SITE AND ANY INFORMATION AND MATERIALS AVAILABLE THEREON. WITHOUT LIMITING THE FOREGOING, SEARS SHALL HAVE NO LIABILITY (i) FOR ANY INACCESSIBILITY OF, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITE, THE MATERIALS OR ANY INFORMATION OR SERVICES THEREUNDER, OR (ii) WITH RESPECT TO ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ON OR THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ACCESSIBLE THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR SUBSCRIPTION AND USE OF THE SITE.

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE, THE MATERIALS, AND ANY SERVICES, PRODUCTS, OR INFORMATION OFFERED THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND/OR THE EXCLUSION OF CERTAIN REMEDIES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF SEARS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

UNLESS INDICATED OTHERWISE, MOST PRODUCTS AND SERVICES FEATURED ON THIS SITE ARE AVAILABLE DIRECTLY FROM OR THROUGH SEARS. SEARS HAS MADE A CONSCIENTIOUS EFFORT TO DISPLAY AND DESCRIBE ITS PRODUCTS AND SERVICES ON THE SITE ACCURATELY SO THAT YOU CAN GET A GOOD IDEA OF THEIR DESIGN AND USE, AND OF THE SERVICES OFFERED. SEARS CANNOT, AND DOES NOT, GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR THE MATERIALS, INCLUDING PRICES, PRODUCT IMAGES, SPECIFICATIONS, AVAILABILITY AND SERVICES. PRODUCTS AND SERVICES ARE THE RESPONSIBILITY OF THE MANUFACTURERS OR PROVIDERS.

5. No Framing; Links; Third Party Sites. You agree not to frame the Site or take other action that alters the visual presentation of the Site. You also agree not to link to the Site.

6. Password and Security. Your access to and use of your Subscription requires you to register and provide Sears with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you shall be solely responsible and liable for all transactions and activities in connection with your account, whether or not such transactions and/or activities were authorized by you. You agree not to provide your account information to third parties and shall bear all responsibility for the confidentiality of your password. You shall be responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store via the Site. You agree to notify Sears immediately of any known or suspected unauthorized access to or use of your account, your password, or any other breach of security or misuse known to or suspected by you. You may change your password at any time by following instructions on the Site. You hereby authorize Sears to rely on any data, notice, instruction or request furnished by you to Sears, or that Sears reasonably believes to have been furnished by you.

7. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, USA, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Illinois.

8. Complete Agreement; Changes to the Terms of Use. These Terms of Use and the documents referenced herein contains the complete agreement and understanding between the parties with respect to the subject matter hereof and supersedes any prior agreements or understandings, written or oral.

9. Trademarks. The Sears logos and trademarks, as well as other marks, trade names, trademarks and logos on this Site are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner. Nothing contained on the Site or in connection with any Subscription should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on this Site without prior written permission of Sears or the respective owners.

10. Indemnification. You agree to defend, indemnify, and hold harmless Sears, its officers, directors, employees, agents, representatives, and affiliates from and against any claims, actions, demands, liabilities, damages and expenses, including without limitation, reasonable attorney's fees and costs of investigation, arising out of or in connection with (a) your violation of any term of these Terms of Use, (b) your use or misuse of the Site, the Materials, or other act or omission by you, or (c) with respect to any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights or obscenity relating to your Submissions and/or use of the Site. Sears reserves the right to participate in such defense and settlement with its own counsel at its own expense. In no event shall you enter into any settlement that purports to bind Sears without Sears' prior written consent, not to be unreasonably withheld or delayed. Sears shall provide you reasonably prompt notice of any such claim and shall reasonably cooperate with you in the defense and/or settlement of such claim at your sole expense.

11. Termination. Sears may terminate your Subscription and any access to the Site at any time. Upon termination, you agree to cease all use of the Site. Without limiting the foregoing, Sears shall have the right to immediately terminate your Subscription and access and use of the Site, or any portion of the Site, in the event of any conduct by you, or through your account, which Sears, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 1, 4, 7, 9, 10, 12, and 13 shall survive and continue in force and effect, in addition to any other provision of these Terms of Use that by its nature is intended to survive.

12. Securities Laws. The Site may include statements concerning Sears' operations, prospects, strategies, financial condition, future economic performance, and demand for Sears' products or services, as well as Sears' intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond Sears' control. When used on the Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the Materials contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information or Materials contained herein is intended to be, and shall not be deemed to be, incorporated into any of Sears' securities-related filings or documents.

13. Miscellaneous. Sears' failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in force and effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Site and its contents are not directed at children under the age of 13, and no children under the age of 13 should submit any personal information.