Segno Terms of Use

The effective date of these terms is August 6, 2014.

By accessing or using any features of the Sears Segno Site (all of the pages of these sites and any associated domains are collectively referred to as the “Segno Site”) operated and managed by Sears Holdings Management Corporation (“SHMC”) also referred to herein as “we” or “us”, you agree to be bound by these terms of use (collectively, “Terms of Use”).

The participants in the online community on the Segno Site are our associates, contractors, vendors and others who, due to their relationship with SHMC, may be granted access from time to time. As a participant on the Segno Site, you may also post content and share it with other users of the Segno Site (“Users”), read content generated by other Users to the Segno Site and other affiliated sites, and view third party postings and reviews regarding products and services.

These Terms of Use set out the legally binding terms with respect to your use of the Segno Site. If you are unwilling to be bound by these Terms of Use, you should not access or use the Segno Site.

Eligibility

Access to the Segno Site requires authorization and is limited to Associates, contractors, vendors and others who may be granted access by SHMC from time to time. The Segno Site is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Segno Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register on the Segno Site. In the event we become aware you are under 13, we will terminate your registration.

Changes to the Segno Site

You agree and understand that the Segno Site, including any and all features available via the Segno 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 Segno Site implemented after your initial access to the Segno Site will be subject to these Terms of Use.

Registration

In order to access the Segno Site, you must register and select a password and user name, which may consist of an email address or an enterprise ID or 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 Use, which may result in immediate termination of your account. We reserve the right to refuse registration of, or cancel a User ID in our discretion.

Privacy

You expressly agree and acknowledge that you have no expectation of privacy related to the use of this system. By using the Segno Site, you expressly consent to monitoring and review of your use. You understand that use of the Segno Site is subject to SHMC's Email, Internet and Collaborative Computing Services—Acceptable Use Policy, Information Security Policy, Code of Conduct, Social Media Policy, and any other applicable policies that you may agree to in the course of your employment with SHMC. We reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content (as defined below) posted in violation of these Terms of Use, terminating the registration of any violators, and disciplinary action up to and including termination of employment.

Security

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 Segno Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Use of the Site/Services

Use by non-exempt associates outside of work hours is prohibited. You acknowledge and agree that we do not control the User Content posted to the Segno Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Segno 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 Segno 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.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, 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 Segno Site, except and to the extent expressly permitted under these Terms of Use;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Segno Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Segno Site;
  • collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share postings with other Users;
  • reformat or frame any portion of any Web pages that are part of the Segno 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;”
  • submit to the Segno Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the Segno 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 Segno Site, any other Web site, or any computer or other device or system, or the enjoyment of the Segno Site by any User;
  • use the Segno 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 Segno Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Segno Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Segno Site;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Segno Site or the IT infrastructure used to operate and make the Segno Site available;
  • the Segno 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.
  • use the Segno Site to conduct contract or price negotiations, to change business terms or conditions of any contract between SHMC and any entity, or to otherwise discuss or display any pricing or contract terms.
  • use the Segno Site to promote products or services to SHMC associates.
  • submit to the Segno Site any confidential information of SHMC or any entity.

User Content Posted By You on the Segno Site

We 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 Segno Site by any User (all such items provided by Users, collectively, “User Content”).

Without limiting the generality of any other provisions of these Terms of Use, 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.
  • We 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 Use, (ii) is illegal, (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity, or (iv) otherwise violates the rights of the workplace.
  • You are solely responsible for any User Content you post, publish or display on the Segno 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 Segno 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.
  • You will not post any User Content that (i) violates SHMC’s anti-discrimination policies, (ii) promotes illegal activities, (iii) is obscene, defamatory or libelous, (iv) is pornographic or sexually explicit in nature, or that 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, and (v) violates any SHMC policy.

Your submission of User Content is entirely voluntary, non-confidential, gratuitous, and non-committal. By uploading User Content to the Segno Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant SHMC and its designees, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right, without limitation, to use, copy, alter, translate, publicly perform, digitally perform, publicly display, license and distribute such User Content, including but not limited to any ideas or expression of ideas contained therein and all rights therein, and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution and without restrictions of any kind or any payment or other consideration of any kind, or permission or notification, to you or any third party, in the name of SHMC or its designees throughout the universe in perpetuity in any and all media now or hereafter known; 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 Segno Site. You understand that SHMC may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content (“Idea”), that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action. In return for your access to and use of the Segno Site, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any Ideas you submit on the Segno Site:

  1. To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to SHMC and in doing so and SHMC's use of the Idea will not infringe upon any other individual's or entity's rights.
  2. You understand that disclosure of your Idea to SHMC does not establish a confidential relationship or obligate SHMC to treat the Idea (or any related materials) as secret or confidential.
  3. You understand that SHMC has no obligation, either express or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that SHMC assumes no obligation with respect to any Idea. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contact, your rights shall be limited to those existing under the patent laws of the United States.
  4. If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to SHMC.
  5. You that, except to the extent that these terms are superseded by a separate agreement in writing by you and SHMC, you hereby irrevocably release and forever discharge SHMC and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against SHMC and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how SHMC and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.

Copyrights

If you believe any User Content or any other aspect of the Segno 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:

  1. A description of the copyrighted work that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Segno Site;
  3. Your address, telephone number and email address;
  4. 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;
  5. 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
  6. 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 Segno Site may be reached at the following address:

Copyright Agent

Sears Holdings Management Corporation
3333 Beverly Road
Hoffman Estates, IL 60179

Or by email: shmcdmca@searshc.com

Counter-Notice

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:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, IL, 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, 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.

Ownership

As between you and us, the Segno 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 Segno 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 and further subject to the terms and conditions of your employment, any User Content posted by you is owned by you. Nothing contained in these Terms of Use 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 Segno Site are the proprietary property of SHMC, 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 Segno 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 Segno Site without the express written permission of the trademark owner.

Nothing in these Terms of Use 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.

Disclaimers

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SEGNO SITE, AND OF ANY USER CONTENT AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SEGNO 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 SEGNO SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SEGNO SITE, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SEGNO 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 SEGNO 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 SEGNO SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SEGNO SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SEGNO 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 SEGNO SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

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.

Limitation on Liability

IN NO EVENT SHALL SHMC OR ITS 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 SEGNO SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SEGNO 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, SHMC'S TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SEGNO SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SEGNO 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.

Indemnity

You agree to indemnify and hold SHMC, and their respective affiliates, 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) your access to the Segno Site, (ii) your use of the Segno Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites

We may display on the Segno Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are 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 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 SEGNO 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.

Changes to Terms of Use

We reserve 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. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Segno Site after any modifications indicates your acceptance of the modified Terms of Use.

Applicable Law

By visiting Segno Site, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us relating to the Segno Site or the use or inability to use the Segno Site.

Disputes

Any dispute relating in any way to the Segno Site, or to your visit to, use of, or participation on the Segno Site, is governed by the applicable arbitration agreement between you and SHMC, or in the event no binding arbitration agreement exists between you and SHMC, shall be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms of Use 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 Terms of Use 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 Terms of Use, whether through class arbitration proceedings or otherwise.

Any User who intends to seek arbitration must first send to SHMC, by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to 3333 Beverly Road, Hoffman Estates, IL, Attn: Arbitration Intake and copied to Sears Holdings Management Corporation, 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 these Terms 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. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, the Segno Site (including, without limitation, any SHMC advertisement or disclosure, any email or mobile SMS (text) message that SHMC sends to you, the collection or use of any information about you in connection with the Segno Site), these Terms or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless SHMC and you agree otherwise, the arbitrator may not consolidate more than one User’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

For arbitration claims you assert against SHMC in accordance with this section (but not for any arbitration claim against you) SHMC 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 a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, SHMC will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. 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.

TO THE EXTENT PERMITTED BY LAW, 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 SHMC IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE SEGNO SITE (INCLUDING WITHOUT LIMITATION ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES SHMC MAY SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SEGNO SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND SHMC.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind SHMC in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Segno Site. These Terms of Use, which shall be deemed accepted by you upon your use of the Segno Site, constitute the entire agreement among you and SHMC regarding use of the Segno Site. SHMC's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for the Segno Site and any notices regarding the Segno Site.

Contact and Violations

Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to contact@searsholdings.com.

Back

©2018 Sears Brands, LLC