TERMS AND CONDITIONS OF USE FOR SEARSX.COM
Welcome to SearsX.com (the “Site”), which is operated by Sears Inc. (“Sears”) and Wealth XO (“Wealth XO”). These Terms and Conditions of Use (the “Terms”) govern your use of the Site and any related services offered by Sears or Wealth XO. Please read these Terms carefully before using the Site.
ACCEPTANCE OF TERMS
By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site. Sears and Wealth XO may modify these Terms at any time without prior notice, and any modifications will be effective immediately upon posting on the Site. Your continued use of the Site following any such modification constitutes your agreement to be bound by the modified Terms.
USE OF THE SITE
The Site is intended for personal and non-commercial use only. You may not use the Site for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction (including but not limited to copyright laws) by using the Site. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site without the express written consent of Sears or Wealth XO.
DIGITAL CHARGE STATEMENTS
Your digital charge statement may show charges from Wealth XO or Sears Inc. Please contact SearsXO@gmail.com if you have any questions about charges on your statement.
We accept returns for up to 30 days from the date of purchase. To request a return authorization number, please email SearsXO@gmail.com with your order number and reason for return. Please note that returns will not be accepted without a valid return authorization number.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SEARS AND WEALTH XO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SEARS OR WEALTH XO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SEARS OR WEALTH XO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Sears and Wealth XO, their affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers from and against all claims, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
GOVERNING LAW AND JURISDICTION
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Site shall be filed only in the state or federal courts located in New York County, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Sears Inc. and Wealth XO are not affiliated with Sears Holdings.
These Terms constitute the entire agreement between you, Sears Inc., and Wealth XO with respect to the use of the Site, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Sears and Wealth XO. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sears and Wealth XO. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The headings in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions or concerns about these Terms, please contact us at SearsXO@gmail.com.