TERMS OF USE
1. Ownership. This tesears.com website is owned and operated by Thomas E. Sears Inc., Inc [“THOMAS SEARS”] (also referred to as "we", "us", this "website" or this "site").
2. Applicability; Modification. These Terms of Use apply to the public areas of this site. We may modify these Terms of Use at any time without prior notice. Please check this page periodically for updates.
3. Use and Restrictions. Subject to these Terms of Use and our privacy policy link, you may use the public areas of this site, but only for your own internal purposes. You may not access (or attempt to access) this site by any means other than through the interface we provide unless you have been specifically allowed to do so in a separate agreement. You may not access (or attempt to access) this site through any automated means (including the use of scripts or web crawlers), and you may not violate the terms of any robots.txt file present on this site. You may not: (i) resell, sublicense, transfer, assign, or distribute the site, its services, or content; (ii) modify or make derivative works based on the site, its services, or content; or (iii) "frame" or "mirror" the site, our services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice. Please check this page periodically for updates. Your continued use of this site following our posting of a modification notice or new terms of use on this site will constitute binding acceptance of the modification or new terms of use.
5. If We Allow Postings to This Site. If we allow postings to this site (e.g., via blog, forum, chat room, or social media asset), we will not treat information that you post to public areas of this site that are viewable by others as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing, or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
6. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of the content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
7. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site's home page.
8. Warranty Disclaimers.
“SERVICE” MEANS THE PUBLIC AREAS OF THIS SITE AND ALL PUBLIC AREAS ACCESSED BY MOBILE DEVICES AND APPLICATION PROGRAMMING INTERFACE (API), BUT EXCLUDES SERVICES THAT HAVE SEPARATE PRIVACY POLICIES WHICH DO NOT INCORPORATE OUR PRIVACY POLICY.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THOMAS SEARS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, THOMAS SEARS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THIS INFORMATION IS NOT AN OFFER TO SELL INSURANCE. INSURANCE COVERAGE CANNOT BE BOUND OR CHANGED VIA SUBMISSION OF THIS ONLINE FORM/APPLICATION, E-MAIL, VOICE MAIL, OR FACSIMILE. NO BINDER, INSURANCE POLICY, CHANGE, ADDITION, AND/OR DELETION TO INSURANCE COVERAGE GOES INTO EFFECT UNLESS AND UNTIL CONFIRMED DIRECTLY WITH A LICENSED AGENT. NOTE ANY PROPOSAL OF INSURANCE WE MAY PRESENT TO YOU WILL BE BASED UPON THE VALUES DEVELOPED AND EXPOSURES TO LOSS DISCLOSED TO US ON THIS ONLINE FORM/APPLICATION AND/OR IN COMMUNICATIONS WITH US.
INSURANCE PRODUCTS ARE SUBJECT TO TERMS, CONDITIONS, AND EXCLUSIONS NOT DESCRIBED ON THIS WEBSITE.
THE INSURANCE AND ANNUITY PRODUCTS AND SERVICES DESCRIBED ON THIS WEBSITE ARE NOT OFFERED IN ALL STATES. COVERAGES, EXCLUSIONS, LIMITATIONS, POLICY TERMS AND CONDITIONS, AND ELIGIBILITY FOR INSURANCE OR DISCOUNTS, MAY VARY FROM STATE TO STATE AND EACH IS SUBJECT TO THE UNDERWRITING GUIDELINES AND RULES IN EFFECT FOR THE RELEVANT STATE AT THE TIME OF PURCHASE.
STATEMENTS ON THIS WEBSITE AS TO POLICIES AND COVERAGES AND OTHER CONTENT PROVIDE GENERAL INFORMATION ONLY AND WE PROVIDE NO WARRANTY AS TO THEIR ACCURACY. CLIENTS SHOULD CONSULT WITH THEIR LICENSED AGENT AS TO HOW THESE COVERAGES PERTAIN TO THEIR INDIVIDUAL SITUATIONS. ANY HYPERTEXT LINKS TO OTHER SITES OR VENDORS ARE PROVIDED AS A CONVENIENCE ONLY. WE HAVE NO CONTROL OVER THOSE SITES OR VENDORS AND CANNOT, THEREFORE, ENDORSE NOR GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED BY THOSE SITES OR THE SERVICES PROVIDED BY THOSE VENDORS
INFORMATION PROVIDED ON THIS WEBSITE DOES NOT CONSTITUTE PROFESSIONAL ADVICE. IF YOU HAVE LEGAL, TAX, OR FINANCIAL PLANNING QUESTIONS, YOU NEED TO CONTACT A QUALIFIED PROFESSIONAL.
WE DO NOT INDEPENDENTLY VERIFY, NOR DO WE SEEK INDEPENDENT VERIFICATION OF COMMENTS AND STATEMENTS THAT MAY BE POSTED BY OTHERS IN THE BLOG OR SOCIAL MEDIA POSTS ON THIS SITE OR AFFILIATED SOCIAL MEDIA SITES REGARDING OUR WEBSITE, ITS PRODUCTS, OR SERVICES. FOR THIS REASON, IF OTHERS POST "SUCCESS STORY" OR "BEST-CASE" SCENARIO TESTIMONIALS (AS DISTINGUISHED FROM SUBJECTIVE OPINIONS), YOU SHOULD ASSUME THAT THEIR RESULTS ARE NOT TYPICAL.
WE PROVIDE LINKS TO OTHER SITES FROM THIS WEBSITE FOR YOUR CONVENIENCE. WE DO NOT ENDORSE THESE SITES AND THEY ARE NOT UNDER OUR AUTHORITY. WE ARE NOT RESPONSIBLE FOR THE INFORMATION THESE LINKED SITES PROVIDE OR FOR THE USE YOU MAKE OF THEM.
THIS SITE IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE CREATED OR LEGAL ADVICE GIVEN THROUGH YOUR USE OF THIS SITE, ITS SERVICES, AND CONTENT. NO SPECIAL RELATIONSHIP OR PRIVILEGE EXISTS BETWEEN YOU AND THIS SITE. YOU WILL BE REPRESENTING YOURSELF IN ANY LEGAL MATTER YOU UNDERTAKE AS A RESULT OF YOUR USE OF THIS SITE, ITS SERVICES, AND ITS CONTENT. THIS SITE PROVIDES (I) ARTICLES, NEWSLETTERS, AND CONTENT FOR INFORMATIONAL PURPOSES ONLY. IN THE PROCESS OF PROVIDING THIS INFORMATION, THIS SITE IS ENGAGED IN THE PUBLICATION OF INFORMATION REGARDING LEGAL ISSUES COMMONLY ENCOUNTERED. THIS SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. THIS SITE DOES NOT REVIEW ANY OF YOUR ANSWERS TO QUESTIONS FOR SUFFICIENCY, PROVIDE LEGAL ADVICE, OR ANALYZE APPLICABLE LAW AND APPLY IT TO YOUR SPECIFIC REQUIREMENTS. ACCORDINGLY, IF YOU NEED LEGAL ADVICE FOR A SPECIFIC ISSUE, OR IF YOUR SPECIFIC MATTER IS TOO COMPLEX TO BE ADDRESSED BY OUR AUTOMATED SOFTWARE TOOL, YOU ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY.
ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES, AND LOGOS APPEARING ON THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
9. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, SHALL THOMAS SEARS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL THOMAS SEARS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
10. Links to Third Party Websites. We do not review or control third-party websites that link to or from this site, and we are not responsible for their content and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk and may be subject to the other sites' terms of use and privacy policy.
11. Participation in Promotions of Advertisers on this Site. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services, or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each such advertiser.
12. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Thomas E. Sears Inc.
10 High Street, Suite 1001
Boston, MA 02110
California Consumer Rights Agent for Service
Email: tsilvaATsearsDOTcom
Telephone: 617.426.8300
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
13. Governing Law. These Terms of Use shall be governed by the substantive laws of the State of Massachusetts, without respect to its conflict of laws principles.
14. Contact Us. If you have any questions or concerns regarding these Terms of Use, please contact us.
Thomas E. Sears Inc.
Attn: Compliance Officer
10 High Street, Suite 1001
Boston, MA 02110
Contact: tsilvaATsearsDOTcom
Telephone: 617.426.8300
