2. License Granted. Upon and subject to acceptance by Licensee of these Terms, Wally hereby grants Licensee a non-exclusive, non-transferable and non-sublicensable license to use the System subject in each instance to these Terms and solely in connection with a Wally Hub, or any other product as identified as compatible for use therewith. The System may initially be accessed through WALLY’s proprietary website www.wallyhome.com, or any successor website (the “Site”) or the Application. Licensee will select a unique password (“Password”) to access the System. Licensee acknowledges and agrees that Wally has and will retain all right, title, interest and ownership in and to the Site, the Application, and the System, including, but not limited to, any trademarks, copyrights, patents and trade secrets with respect thereto or contained therein; certain components of the System are licensed by Wally from third parties, and as to such components, such third parties retain ownership and have authorized Wally to grant the license herein as a sublicense to Licensee.
Licensee and Wally acknowledge that these Terms are entered into between Licensee and Wally only, and not with any mobile application service provider (e.g., such as Apple or Google; each an “Application Provider”). Wally is responsible only for the Application. Notwithstanding the foregoing, to the extent that any Application Provider’s terms of service are more restrictive than, or otherwise in conflict with these Terms, Licensee is responsible for compliance with its Application Provider’s terms of service, in addition to continual compliance with the Wally Terms herein. Licensee acknowledges that Licensee has had the opportunity to review its Application Provider’s terms of service and its use of the System will comply with such terms.
3. System Registration. To use the System, Licensee must register an account with Wally and provide information about itself, as prompted by the registration form. By using the System, Licensee agrees to: (a) accurately furnish all contact and other information requested by Wally and notify Wally of any change in the information; (b) properly maintain their Wally Hub; (c) not use the System in violation of any laws, regulation, or court order, or for any unlawful or abusive purpose; (d) not use the System in any manner unintended by Wally; (e) not use the System in any manner that could harm Wally, its service providers, its brands, or any other person; and (f) comply with any other reasonable requirements or restrictions requested or imposed by Wally. Any use or access to the Site or Application by anyone under 13 is strictly prohibited and in violation of these Terms. If Licensee has not reached the age of majority, Licensee may register for and use the Site or Application only if Licensee either is an emancipated minor or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
4. Use of System; Disclaimers. The System allows users to remotely activate certain environmental controls, doors, lights and/or other household appliances that may be connected to the Wally Hub, as identified and described in either the Wally Hub or any other product’s user manual, and to obtain information on the status and usage of and remotely monitor such items (e.g., garage door currently closed; current thermostat setting, etc.). The System is provided as a convenience to Licensee. The System is not a substitute for responsible and safe appliance operation. Licensee should not rely on the System as a means of preventing accidents, fire, or damage to your appliance or residence. It is Licensee’s responsibility to ensure that their appliance is maintained in good working order and that Licensee’s appliance is used in a safe and responsible manner. Wally does not guarantee any results or the accuracy of any results that Licensee may obtain from the Service. More information about the functionality and capabilities of the System is available at www.wallyhome.com.
Licensee understands and agrees that:
5. Restrictions on Use. Licensee shall not use the System with any equipment for which it is not designed or that is not properly installed and in good operating condition. Licensee shall not reverse engineer or decompile the Application, or permit or assist any other person to do so. Licensee shall be responsible for any use of the System by any person to whom Licensee makes its Password available. Licensee will not redistribute, sublicense, sell, rent, loan, lease, assign, or transfer the Application to a third party. If Licensee chooses to sell or transfer ownership of its Hub, Licensee agrees that it will deactivate the Wally Hub from its account on the System. In addition to the limitations set forth above, Licensee is prohibited from using the System in any way that: (a) is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Wally deems in its sole discretion to be inappropriate; (b) accesses, collects, or stores personal information about others; (c) violates or infringes the rights of anyone else, including, for example, another person’s right to privacy; (d) impersonates any person, business, entity, or IP address (e.g., IP spoofing); (e) involves uploading, posting, emailing, transmitting, or otherwise making available any materials that you do not have a right to make available under any law; (f) is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages; (g) gains or tries to gain unauthorized access to the Service, other computers and networks, or other user data, or that otherwise modifies or interferes with the use or operation of the Service; (h) gains or tries to gain unauthorized access to a Product’s firmware or software, including by reverse engineering firmware or installing firmware not approved by Wally; (i) imposes an unreasonable or disproportionately large load on Wally’s network including but not limited to transmitting spam or using unsolicited mass emailing; (j) alters, damages, or deletes any content provided by Wally; (k) contains computer viruses or other disruptive or damaging files or programs; and (l) otherwise violates these Terms or any other guidelines or policies provided by Wally.
6. Operational Information. Licensee is responsible for reviewing the instructions, FAQ and user information available at www.wallyhome.com and ensuring that every authorized user understands how to operate the System, the Site and any Applications.
7. Password and Licensee Security Obligations. Licensee will select an initial Password. Should Licensee lose its Password, Licensee will have the option to submit its email. Licensee will then be emailed instructions to reset its password. Licensee is encouraged to change its Password regularly by following the instructions provided in the Application or on the Site. Licensee is responsible for requesting a new Password if needed for any reason. Repeated incorrect attempts to log on will result in deactivation of the Password for security purposes, and Licensee will need to request a new Password. In the event of a security breach of Licensee’s password, Licensee shall provide such assistance to Wally as may be requested by Wally in the investigation of any unauthorized use and any enforcement proceedings in connection therewith.
Licensee acknowledges that only one user log-in per account is available; any additional users Licensee chooses to authorize shall comply with these Terms and must use the same e-mail address and Password to log in to the System. Licensee is responsible for taking all steps as are necessary or prudent to safeguard its Password and ensure that any authorized users of the System comply with these Terms.
Wally shall have no liability for unauthorized use of the System, regardless or as a result of Licensee’s choice of security measures taken or the lack thereof.
8. Mobile Application Availability. The Application is delivered in object code only. Licensee shall not reverse compile, disassemble or otherwise reverse engineer the Application, except where, and only to the extent that, such prohibition is not permitted under applicable law. Licensee acknowledges that the Application may be subject to United States export and import control laws. Licensee agrees that the Application will be exported or re-exported only in compliance with such laws.
9. Intellectual Property Rights. All rights in and to the System, including all intellectual property rights therein and thereto, belong to Wally and its licensors, and Wally and its licensors hold and retain title to the System. Licensee shall make no modifications to the Application or the System. The System is protected by copyright laws and international treaties. You may not, nor permit any other person to, copy, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the System, or use any part of the System for any other purpose other than it was intended. You may not modify, adapt, alter, translate, or create derivative works from the System.
10. Updates. Your mobile device or computer will periodically check for updates to the Application on your device or computer and, if available, the update may either prompt you to download and install the update or will automatically do so. Automatic updates can be turned off by changing the automatic updates settings on your device or computer. Certain updates may include additional content. You agree that by updating the Application, such addition content may be downloaded and installed onto your device(s) or computer.
11. Additional Provisions for Applications. Provisions that apply to certain, specific applications (i.e., open source code, Apple applications, and/or Android applications) can be found at: www.wallyhome.com/legal.
12. Termination. These Terms will remain in full force and effect so long as Licensee continues to use or access the Application, or until terminated in accordance with the provisions of these Terms. Wally may amend or change these Terms from time to time. At any time Wally may (a) suspend Licensee’s right to use the Site of Application or (b) terminate these Terms, if Wally in good faith believes that Licensee has used the Application or Site in violation of these Terms. Wally also may terminate Licensee’s access to the System if Licensee fails to pay Service Fees. Licensee may terminate its use of the System without cause at any time; however, no refund will be issued for any unused portion of the License term. Termination shall not relieve Licensee of any obligation to pay Service Fees or other obligations accrued prior to the effective date of termination. If Licensee transfers its Product to a new owner, Licensee’s right to use the System with respect to such Product automatically terminates. The new owner will have no right to use the System under your account and will need to register for a separate account with Wally.
13. Indemnity and Release; Limitation of Liability. Licensee agrees to defend, indemnify, and hold Wally, its parent entity(ies), SHMC, its parent entities, and each of the aforegoing’s respective subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) harmless from and against any claim or cause of action arising out of Licensee’s (a) breach or alleged breach of these Terms, (b) gross negligence, (c) willful misconduct, or (d) from Licensee’s misuse of the Application, Site, and/or System.
14. DISCLAIMER OF WARRANTY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE WALLY HUB’S OPERATING MANUAL, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SYSTEM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WALLY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SYSTEM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WALLY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SYSTEM, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SYSTEM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WALLY, SHMC OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SYSTEM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY. YOUR USE OF THE SYSTEM IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCE WILL WALLY, SHMC, THEIR RESPECTIVE AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF, OR RELIANCE ON, THE SYSTEM TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL WALLY, SHMC, THEIR RESPECTIVE AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SYSTEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION THAT RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WALLY AND/OR SHMC’S CUMULATIVE LIABILITY UNDER THESE TERMS FOR ANY AND ALL DAMAGES OR UNDER ANY THEORY OF RECOVERY IS LIMITED TO $500 USD OR THE AMOUNT OF THE FEES PAID BY YOU FOR USE OF THE SYSTEM (IF ANY) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO LIABILITY.
16. Outside the United States. Wally makes no claims that the System may be lawfully viewed, downloaded, used or accessed outside of the United States. Access to the System may not be legal by certain persons or in certain countries. Wally is not responsible for ensuring the System complies with laws outside of the United States, and you do so at your own risk. Notwithstanding the foregoing, and in particular, but without limitation, the Application may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, Licensee represents and warrants that it is are not located in, under control of, or a national or resident of any such country or on any such list.
17. Notices. Licensee will address any written notice to Wally Labs LLC, 1415 NE 45th St., Seattle, WA 98105, with a copy to Sears Holdings Management Corporation, Attn: General Counsel, 3333 Beverly Road, DC-217B, Hoffman Estates, IL 60179, or another address designated in writing by Wally to Licensee. Wally will address any written notice to Licensee to Licensee’s e-mail address provided when activating the System; Licensee hereby consents to receive all notices and other communications relating to the System at such e-mail address and agrees that Licensee is solely responsible for monitoring such e-mail address and updating the e-mail address if necessary.
18. Agreement and Amendment. These Terms are effective upon acceptance by Licensee through its access of the Site or use of the System or Applications, supersede all prior agreements relating to the System, the Site and/or the Applications, and constitute the entire agreement between Licensee and Wally. There are no written or oral understandings that are not fully expressed in these Terms. Service Fees, and these Terms, are subject to change by Wally on thirty (30) days' written notice to Licensee, which may be delivered by electronic mail or by posting on the Site.
19. Class Action Waiver, Arbitration. You agree that by entering into these Terms, you and Wally, and SHMC are each waiving the right to trial by jury and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND WALLY AND/OR SHMC RELATING IN ANY WAY TO THE SITE OR THE APP (INCLUDING, WITHOUT LIMITATION, ANY ADVERTISEMENTS AND DISCLOSURES ON THE SITE OR APP, ANY EMAIL AND MOBILE SMS (TEXT) MESSAGES WALLY MAY SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SITE OR APP), 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.
If you intend to seek arbitration, you 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 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 Site or the App (including, without limitation, any advertisement or disclosure, any email or mobile SMS (text) message that Wally may send to you, or the collection or use of any information about you in connection with the Site or the App), 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 Wally and/or 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 Wally and/or 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 BYLAW, 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 WALLY AND/OR SHMC IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE SITE OR THE APP (INCLUDING WITHOUT LIMITATION, ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES WALLY MAY SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SITE OR THE APP), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CLASS ACTION WAIVER, ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND WALLY.
Wally, SHMC or you may seek injunctive relief in any state or federal court in Chicago, Illinois, USA, and Wally, SHMC and you consent to the exclusive jurisdiction and venue in the state and federal courts in Chicago, Illinois, USA for injunctive relief purposes.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS LICENSE AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS.
Some Site features may make use of your device attributes and settings that will allow our Site to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalize your experience and provide you with offers, products and services that may be of interest to you. For example, this Site may help you find your closest store or send you messages that may be of interest to you based on your current location. Sears Holdings has no control over your device settings, but we do recommend enabling location services on your device so you can take advantage of the location based features and functionality offered by this Site. Non-PII may be collected from you by means of cookies, pixel tags (also called web beacons or clear gifs), local shared objects and other technologies. Cookies are small bits of information that this Site places on your computer. We and our third party service providers use these technologies to identify your IP address, browser type, device characteristics, domain name, referring urls and specific links and web pages through which you click. This data is collected automatically and utilized for data analytics, site operations, fraud prevention and to help us improve this Site and your overall experience. This technology also allows us to recognize you when you return to this Site and to provide you with a customized experience that we feel will be of value to you. Wally uses Google Analytics to improve the performance of the Site and for analytics purposes. For more information about how Google Analytics collects and uses data when you use our website, visit www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout/. We may use and disclose non-PII in any manner for any purpose, except where prohibited under applicable law.
We may disclose your PII to identify you to anyone to whom you send messages through this Site. You may disclose your own PII on message boards, chat, profile pages, blogs and other social networking features and services to which you are able to post information and materials. Please note that any information you post or disclose through these services may be available to Site visitors and to the general public, depending on the particular service and any privacy settings in place (such as through your profile).
We may share your PII with service providers and other third parties that need access to your information to provide operational or other support services, such as payment processors, shipping agents, and product fulfillment vendors. These third parties must agree to appropriate restrictions on the disclosure and use of your information. Unless otherwise disclosed to you, these third parties are prohibited from using your PII for their own marketing purposes.
We may provide information about you, which may include PII, to regulatory authorities and law enforcement officials in accordance with applicable law, when we otherwise believe in good faith that the law requires it or to respond to requests from government authorities. There may be instances when we may use or disclose your PII in order to protect or defend the legal rights, property or operations of Sears Holdings or our employees or agents; to protect the rights, privacy, safety or security of users, members or others; to protect against fraud; and to allow us to pursue available remedies or limit the damages that we may sustain.
Sears Holdings may sell, transfer and/or share PII with third parties in connection with a merger, reorganization, joint venture, assignment, spin-off, transfer or sale or disposition of all or any portion of our business, and in the event of a store closing or bankruptcy.
Most web browsers allow you to exercise control over cookie files on your computer by erasing them, blocking them, or notifying you when such a file is stored. Please take a look at your particular browser for instructions on this function.
We may also use Flash Cookies, LSOs and other technologies to, among other things, collect and store information about your use of the Services, fraud prevention and other site operations. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Services or our online content.
If you do elect to disable cookies, please note that you may not be able to take full advantage of a personalized experience on the Wally Site and on other Sears Holdings Sites.
If you are under 18 and a Registered User or Member, you may ask us to remove content or information that you have posted to the Site. To remove posted content or information on www.shopyourway.com, please write to firstname.lastname@example.org. To remove posted content or information from any other Site, please write to CAPrivacyRights@Customerservice.sears.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.
This Site may contain links to other websites or applications that are not owned and operated by Sears Holdings. In addition, some of our Sites feature content drawn directly from third party websites using a technique known as i-framing or simply “framing.” These frames allow you to view and interact directly with the third party website from within our Site. Sears Holdings is not responsible for the privacy practices of non-affiliated websites or applications, including, without limitation, those that are linked to or framed on this Site. You should read the privacy statements of each and every website and application that collects PII.
This Site may display ads from other companies. We also partner with third-party service providers to serve ads on our behalf on other non-affiliated third party sites or apps. Some of the ads on this Site or on third party sites or apps may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your device’s browsing activity. For example, anonymous information collected by our ad networks or other third-party service providers across multiple sites that you visit may enable the ad network to predict your preferences and show you ads that are most likely to be of interest to you. We may share your information with our service providers to permit them to recognize and serve targeted ads to you across the different devices you use. Before we share your information, we transform, or “hash”, it so that it is not in personally identifiable form.If you do not wish to receive personalized advertising from us on other mobile or desktop sites, please visit the Network Advertising Initiative Opt-Out page. You may download the AppChoices app at //www.aboutads.info/appchoices to opt out of personalized in-app advertising. The Network Advertising Initiative offers useful information about internet advertising companies, including information about how to opt-out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about online behavioral advertising and how to opt-out from online or in-app behavioral ads served by some or all participating companies.To learn more about interest based advertising and to manage your preferences for Sears and Kmart branded online ads, please visit the Sears Online Advertising Preference Center or the Kmart Online Advertising Preference Center.
These opt-out mechanisms rely on cookies to remember your choices with respect to ad-serving on websites. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests based on activities observed on our Site and/or web sites or mobile apps not owned and operated by Sears Holdings.
We maintain reasonable and appropriate physical, electronic and procedural safeguards to protect your PII. While we work very hard to protect your privacy, no method of security is 100% effective, and we cannot be responsible for the actions of those who may gain unauthorized access to your PII. Sears Holdings makes no warranties, express, implied or otherwise, as to the ultimate effectiveness of its reasonable and appropriate safeguards.
You can personalize your experience on this Site and other Sears Holdings Sites by becoming a Registered User or Member. By registering, you will be able to tell us what products and services interest you, and whether you wish to receive information about special sales, promotions and other events. Once registered, you can submit, review and maintain your account profile information at any time by accessing your profile from within the particular Site. Your account information is accessible by using a password that you select or by using third-party social networking login credentials for accounts such as Facebook, Google or Yahoo if you choose to enable this feature.
From time to time, we may send you e-mails with promotional offers and messages. If you would no longer like to receive e-mails with promotional offers and messages from this Site, you can unsubscribe from these e-mails by following the unsubscribe link located at the bottom of each promotional e-mail. Please note that you may still receive transactional or relationship or other non-promotional e-mails (e.g. order confirmations, shipping notices, statements, important information regarding a product you have purchased).
Your PII may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Site, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than in your country. This Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.
1. Wally Rapid Response Service
"Wally Rapid Response" is a service for matching you with local independent contractors (each an "Independent Contractor") who may be able to assist you ("Users”) with a wide variety of service projects, from repairing certain appliances to fixing leaking pipes, and more. While Wally Rapid Response cannot guarantee that Independent Contractors will be available for every project, we strive to create a match between Users and Independent Contractors to quickly and easily connect you with local companies in our network.
2. Information You Provide to Wally
When you use Wally Rapid Response, you will be asked to provide certain information about yourself and your service requirements. You agree that your information may be sent to Independent Contractor(s), who will use this information to respond to your request. By using Wally Rapid Response, you expressly consent to having a Wally Rapid Response call center agent contact you, and to the sharing of any personal information provided to Wally with Independent Contractor(s) or other third parties in order to provide you with your requested services. You further consent to Wally's use and display of anonymous data records based on your information, including your first name, city, and a description of the services.
You are responsible for providing accurate information. If you provide any information that is incomplete or inaccurate, Wally maintains the right to refuse your use of any services connected with Wally Rapid Response.
3. Service Project Requests
You may submit a request for quotes for service or work ("Service Project Request") from Independent Contractor(s) on the phone with a Wally Rapid Response call center agent, either, depending on the situation, by the agent contacting you, or by you contacting an agent. You must provide the required information to submit a valid Service Project Request. All Service Project Requests must be lawful and not in violation of any city ordinance, state, local or federal law. You must provide sufficient descriptive information to allow Independent Contractor(s) to evaluate the request and provide an accurate quote for the services to be provided.
Your Service Project Request must (a) not be fraudulent; (b) not infringe any third party's trademark, copyright, patent, or other proprietary rights; (c) not violate any law, statute, ordinance, or regulation; (d) not be defamatory, libelous, threatening or harassing; and (f) not contain any computer programming routines that may damage, interfere with, or surreptitiously intercept or expropriate any system, data or personal information.
After verbally providing a Service Project Request requesting an Independent Contractor, Wally will match you with the next available Independent Contractor to respond to the Service Project Request. Wally does not provide any guarantee that any Independent Contractors will be willing and able to provide the requested services at the time and place requested.
If you accept a quote from an Independent Contractor, you agree to pay the Independent Contractor for the services it provides, and you enter into a legally binding agreement to pay the Independent Contractor for its services.
4. Independent Contractors
In registering with Wally Rapid Response, Independent Contractors represent that they are duly licensed (if applicable) and have the qualifications, experience and ability to properly perform their offered services. Wally is not responsible for any inaccuracies in the information provided by Independent Contractors, and it is up to you to verify the information or representations made by an Independent Contractor. You are responsible for determining which licenses, if any, are required in order to fulfill your Service Project Request. Before beginning any project, you should confirm all licensing requirements with your state and local authorities and your Independent Contractor.
Wally may require that a representative from each Independent Contractor pass, from time to time, a background check, in its sole discretion. You acknowledge that such checks will be performed by a third party and that Wally will have no liability for such background checks, regardless of whether Wally selects the background check provider and/or pays for the background checks. Further, you acknowledge that every background check process has limitations, and that Wally does not represent that an individual who has passed such a check does not have a criminal history or criminal propensities. You acknowledge that you must determine for yourself what, if any, reliance you choose to place on such checks. We generally perform background checks on the Independent Contractor's principal/owner named during the registration of the Independent Contractor with the Site. We also periodically update such representative’s background check thereafter. These background checks search for certain criminal records, sex offender records, and social security verification for the representative of the Independent Contractor. Background checks reflect that individual's background at the time of the search. Accordingly, Wally does not and cannot warrant that the background check is up-to-date or current. Further, background checks are not applicable to any Independent Contractor’s employees or workers, except for the representative of the Independent Contractor business named by the Independent Contractor during registration, and therefore the representative who contacts you may or may not have been subject to a background check.
5. Insurance and Bonding
Independent Contractors may include insurance and bonding information in their profiles. Wally does not verify this information. Independent Contractors are required to submit complete information and maintain current profiles. Before you proceed with a project, you should confirm any insurance and/or bonding requirements with your state and local authorities and your Independent Contractor.
6. No Endorsement of Independent Contractors or Warranty of Independent Contractors
Wally does not endorse or recommend the services of any particular Independent Contractor. It is entirely up to you to enter into a direct agreement with an Independent Contractor. WALLY DOES NOT WARRANT AN INDEPENDENT CONTRACTOR'S PERFORMANCE ON A SERVICE PROJECT REQUEST. WALLY DOES NOT WARRANT THE QUALITY OF THE SERVICES PERFORMED OR THE OUTCOME OF THE PROJECT. INDEPENDENT CONTRACTORS ARE NOT EMPLOYEES OR AGENTS OF WALLY. THE INDEPENDENT CONTRACTOR IS NOT AN AGENT OF WALLY. WALLY DOES NOT PERFORM, AND IS NOT RESPONSIBLE FOR ANY SERVICES REQUESTED BY A USER. YOU EXPRESSLY ACKNOWLEDGE THAT WALLY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF INDEPENDENT CONTRACTOR INFORMATION OR THE QUALITY OF SERVICES RENDERED BY ANY INDEPENDENT CONTRACTOR. YOU AGREE THAT WALLY WILL HAVE NO LIABILITY (REGARDLESS OF THE THEORY OF RECOVERY) ARISING OUT OF YOUR INTERACTION WITH ANY PERSON REFERRED BY WALLY AND/OR ANY CONTRACT YOU ENTERED INTO WITH AN INDEPENDENT CONTRACTOR.
7. Interactions and Disputes with Independent ContractorsWally is not responsible for any disputes between Users and Independent Contractors and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or related to conduct of Independent Contractors. Your rights under agreements you enter into with Independent Contractors are governed by the terms of those contracts and by applicable federal, state, and local laws. Any dispute with Independent Contractors must be addressed with the Independent Contractors directly. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH INDEPENDENT CONTRACTORS.
8. Consumer VerificationYou are responsible for verifying that the information presented by Independent Contractors is accurate. Wally does not verify all information or documents provided by Independent Contractors. Users should investigate Independent Contractor information, including whether Independent Contractors are qualified to perform the services, under investigation for violation of any law or ordinance, and carry appropriate general liability insurance or bonding. Wally is not responsible for the information received by Users from any third party.
YOU ACKNOWLEDGE THAT, IN EXCHANGE FOR YOUR USE OF THE SITE AND/OR THE OPPORTUNITY TO POST A SERVICE PROJECT REQUEST, YOU HEREBY RELEASE WALLY AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, INSURERS, AGENTS, LICENSEES, AND DISTRIBUTORS (COLLECTIVELY, THE "WALLY COVERED PARTIES") FROM ANY DAMAGES OR LIABILITY WHATSOEVER RELATED TO YOUR USE OF THE SITE, THE OPERATION OF THE SITE, YOUR ENGAGEMENT OF AN INDEPENDENT CONTRACTOR AND ANY OF THE SERVICES, INCLUDING ANY INFORMATION PROCESSING SERVICES (COLLECTIVELY, THE "COVERED ITEMS"). YOU IRREVOCABLY WAIVE ANY CLAIMS THAT YOU MAY HAVE IN CONNECTION WITH THE COVERED ITEMS (INCLUDING CLAIMS OF DEFAMATION, BAD FAITH, CONSPIRACY, TORTUOUS INTERFERENCE WITH CONTRACT, ETC.). YOU FURTHER AGREE TO INDEMNIFY THE WALLY COVERED PARTIES AGAINST ANY AND ALL DAMAGES OR LIABILITY THAT THE WALLY COVERED PARTIES MAY INCUR, INCLUDING ATTORNEYS FEES AND COSTS, IN CONNECTION WITH THE COVERED ITEMS.
10. Defense and Indemnification
To the fullest extent permitted by law, you will, at your own expense, defend the Wally Covered Parties against any allegation in any claim, complaint, demand, investigation, suit, proceeding or cause of action that arises, directly or indirectly, from: (a) any act or omission related to the performance of (or failure to perform) services relating to a Service Project Request, including any actual or alleged: failure to pay for the services provided and (b) any breach or default under: (1) any covenant or provision of this Agreement, or (2) any law, statute, or state ordinance or any governmental administrative order, rule or regulation (collectively, "Claims").
To the fullest extent permitted by law, you will, at your own expense, release, indemnify and hold harmless all Wally Covered Parties from any and all loss, damage, cost, expense, fines, penalty, judgment, and any other liability, including reasonable attorneys' fees and expenses and costs of investigation incurred by any Wally Covered Party arising out of any Claim.
WALLY WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OF OR DAMAGE TO ANY OF YOUR PROPERTY. WALLY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANYONE CLAIMING BY, THROUGH, OR UNDER YOU FOR ANY LOSS OR DAMAGE THAT MAY BE OCCASIONED BY OR THROUGH THE ACTS OR OMISSIONS OF ANY PERSON (INCLUDING ANY WALLY PERSONNEL).
You acknowledge that Wally Rapid Response is a temporary pilot program that may be terminated by Wally at any time. This Agreement will remain in full force and effect so long as you continue to use or access Wally Rapid Response, or until terminated in accordance with the provisions of this Agreement, including termination by Wally of Wally Rapid Response. At any time Wally may (a) suspend your right to use Wally Rapid Response or (b) terminate this Agreement, if Wally in good faith believes that you have used Wally Rapid Response in violation of this Agreement. You may terminate the use of Wally Rapid Response without cause at any time.
By visiting the Site, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, govern your use of the Site, this Agreement and any dispute of any sort that might arise between you and Wally. Any dispute relating in any way to your visit to or participation on the Site 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 this Agreement 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
This device complies with part 15 of FCC rules. Operation is subject to the following two conditions:
Changes or modifications that are not expressly approved by Wally Labs LLC could void the user’s authority to operate the equipment.
This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. This equipment should be installed and operated with minimum distance 20cm between the radiator & your body.
This device complies with Industry Canada’s licence-exempt RSSs. Operation is subject to the following two conditions:
Le présent appareil est conforme aux CNR d’Industrie Canada applicables aux appareils radio exempts de licence. L’exploitation est autorisée aux deux conditions suivantes:
This equipment complies with IC RSS-102 radiation exposure limits set forth for an uncontrolled environment. This equipment should be installed and operated with minimum distance 20cm between the radiator & your body.
Cet équipement est conforme aux limites d’exposition aux rayonnements IC établies pour un environnement non contrôlé. Cet équipement doit être installé et utilisé avec un minimum de 20 cm de distance entre la source de rayonnement et votre corps.
This application is a fast, easy way to take advantage of some of the products and services available from the Sears Holdings Family of Businesses. In order to perform this function, the application will monitor, record, and transmit data about how your device interacts with this application, including data about and from your connected devices (including health information if you use a connected device related to your health), personal financial information (e.g., credit card information you input), or any other information you voluntarily provide. We use this information to provide you with goods and services, to improve our mobile product and other offerings, and to otherwise conduct our business.
This application may monitor, record, or transmit interactions with 3rd party websites/applications that you have signed up for and voluntarily linked to your Wally account (e.g. IFTTT and similar applications). This application does not monitor, record, or transmit interactions with other 3rd party websites/applications that are not part of the Sears Holdings Family of Businesses. A third party cannot use the data this application collects except as may be permitted under our privacy policies, which can be accessed at the following links:
1.1 The Wally Mobile App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system (such as on an iPhone, iPad or iPod device), and only in accordance with Apple’s usage rules published in its App Store terms of service.
1.2 You acknowledge and agree that:
(a) Apple has no obligation at all to provide any support or maintenance services in relation to the Wally Mobile App. If you have any maintenance or support questions in relation to the Wally Mobile App, please contact Wally Labs LLC, not Apple, using the details in this Agreement;
(b) if the Wally Mobile App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Wally Mobile App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Wally Mobile App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Wally Mobile App or as a result of you or anyone else using the Wally Mobile App or relying on any of its content except as otherwise expressly set out in this Agreement, any claims relating to the possession or use of the Wally Mobile App (including but not limited to product liability, legal or regulatory requirements or consumer protection or similar legislation) are between you and Wally Labs LLC (and not between you, or anyone else, and Apple);
(c) in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Wally Mobile App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
(d) although this Agreement is entered into between you and Wally Labs LLC (and not Apple), Apple, as a third party beneficiary under this Agreement, will have the right to enforce these terms against you.
1.3 You represent and warrant that you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.
The table below lists the open source components that are used in Wally Labs LLC products. The listed URL’s should allow you to obtain source code and license agreements for each component. Please contact us if you are unable to use the URL provided.
|WallyHome Gateway||URL to License|
|WallyHome iOS App||URL to License|
|WallyHome Android App||URL to License|
|WallyHome Web App||URL to License|
|Wally Labs LLC Cloud||URL to License|
|nginx (-2 clause)||Link|
FOR ONE YEAR from the date of sale this Product has a warranty against defects in materials or workmanship when it is correctly connected, operated and maintained according to all supplied instructions. If a defect arises and a valid claim is received WITH PROOF OF SALE within the Warranty Period, then as your sole remedy (and Wally Labs’ sole liability), Wally Labs will at its option either 1) replace the Product with a new product that is functionally equivalent to the original, or 2) repair the defect at no charge, using new or refurbished replacement parts, in each case within 30 days following receipt of the returned Product. A replacement product or part assumes the remaining warranty of the original Product. When a Product or part is exchanged, any replacement product or part becomes your property and the replaced Product or part becomes Wally Labs’ property. This warranty does not cover the batteries, which are expendable parts that can wear out from normal use within the warranty period.
To obtain the warranty coverage stated above, return the Product with proof of sale to the retailer from which it was purchased. Please be prepared to describe the nature of the problem you are experiencing with the product. Any claim under this Limited Warranty must be submitted to the retailer from which it was purchased before the end of the Warranty Period.
Disclaimer of implied warranties; limitation of remedies Customer’s sole and exclusive remedy under this limited warranty is Product repair or replacement as provided herein. Implied warranties, including warranties of merchantability or fitness for a particular purpose, are limited to one year or the shortest period allowed by law. EXCEPT FOR BODILY INJURY, WALLY LABS SHALL NOT BE LIABLE FOR (I) ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (II) ANY AMOUNTS IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT, IN EACH CASE WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages, or limitation on the duration of implied warranties of merchantability or fitness, so these exclusions or limitations may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Wally Labs LLC, Seattle, WA 98105.