Your Terms of Service Home Phone, Internet, Long Distance & Bundled Services Effective October 2011 You’re sure when it’s Sears Connect.TM Table of Contents Charges, Billing & Payment 2 Sears Connect™ Calling Cards 3 Amendments/Changes 3 Cancellation of Services and Default 3 Suspension of Services 4 Special Payment Terms; Deposits and Alternatives 4 Obligation to Provide Service 5 Connections and Non-Sears Connect Equipment 5 Restrictions on Use of Service 6 Customer Liability for Calls 7 Sears Connect – Initiated Changes in Telephone Numbers and Service Arrangements 7 Confidentiality of Customer Records; Personal and Credit Information 7 No Warranties, etc. 8 Limitation of Sears Connect Liability 9 Access to 9-1-1 Services 10 Arbitration 10 General 11 Intellectual Property 12 Directories 12 Sears Connect™ Home Phone (Wireline) Services This Agreement was last updated on October 2011. Please check www.searsconnect.ca, for the most current Terms of Service, Acceptable Use Policy, Privacy Policy and Fee Schedule. READ CAREFULLY. THIS AGREEMENT IMPOSES OBLIGATIONS UPON YOU. The following terms of service (the “Terms of Service”) outline the basic rights and obligations of Sears Connect™ and its Sears Connect subscribers. Sears Connect/Sears Canada Inc. (“Sears Connect”, “us”, and “we”) is pleased to provide a home phone (wireline) service, longdistance telephone service and/or Internet access service to you (the “Service” or “Services”), subject to these Terms of Service. “You” and “your” means, as applicable, you and every person who uses your Service. As a condition of using the Service, you agree to and must comply with the Agreement, including these Terms of Service, which will be binding on you. We provide you with, and you agree you have received, an opportunity to accept or decline these Terms of Service and to correct any errors immediately before you enter into an agreement with Sears Connect for the Service. If you do not so notify us and/or if you use or activate the Service, you will be considered to have chosen to accept them. For greater clarity, (A) by clicking “I AGREE” or similar acceptance if this Agreement is presented to you via the Internet or (B) otherwise registering your consent with us (such as via an in-store or telephone representative[ or an interactive voice response system]), you agree with the Terms of Service. Any Sears Connect document describing the features, Services or products you have selected and any other document incorporated by reference, including the Acceptable Uses Policy, Sears Privacy Policy and the Fee Schedule(s) (the “Documents”) together with these Terms of Service constitute our agreement with you (the “Agreement”). To the extent of any conflict or inconsistency between the Documents and the Terms of Service, the Terms of Service will prevail. Terms and conditions mandated by the CRTC (if applicable) will prevail over the Terms of Service. Neither you nor a Sears Connect sales or customer service representative, agent, dealer or employee may change this Agreement or invoke such changes. As a customer, you are solely responsible for the use of the Services by yourself and other users. You shall (a) take all necessary measures to ensure that the Services are used in accordance with this Agreement and (b) be liable for all consequences resulting from any breach of this Agreement. The Services are only available for use where technology permits (in Sears Connect’s sole discretion) and where appropriate network services are provided by our third party supplier(s). 1 Sears Connect Terms of Service Charges, Billing & Payment You shall pay all applicable monthly service rates, access fees, usage charges, installation fees and/or activation fees and other amounts, fees and charges, if any, together with all applicable taxes that are indicated to you when you purchase the Services or otherwise relayed to you by Sears Connect from time to time (“Charges”). Unless otherwise specified on your Sears Connect invoice, Charges will be billed from the date of initial activation of the Services. Sears Connect will bill you monthly and you are responsible for and shall pay Sears Connect all invoiced charges when due. Sears Connect may bill you for any Charge up to 12 months from the date the Charge was incurred. If payment is not received by Sears Connect before your next invoice date, or within 30 days of the date of any final invoice if the Services have been terminated, you will be charged interest on the balance owing at a compound interest rate equal to 2% per month (42.58% per year), calculated and compounded monthly from the invoice date (“Late Payment Charge”). Sears Connect may change the Late Payment Charge from time to time. If you question or dispute any Charge, you must do so within 90 days of the disputed invoice date; otherwise, you will be deemed to accept all Charges. Unless otherwise indicated on your invoice, disputed Charges will not be considered past due unless Sears Connect reasonably believes you are using the dispute to evade or delay payment. Sears Connect may bill you for administrative charges as set by Sears Connect from time to time for administrative or account activities, including collection efforts due to non-payment or to having a balance over your credit limit; returned or rejected payments; changes in personal identifier information; or suspension, disconnection or reactivation of Services. All administrative fees charged to you are part of the Charges you owe to Sears Connect under this Agreement. Sears Connect may, from time to time, increase fees and charges for the Services, including long distance services, upon 30 days prior notice to you (where permitted by applicable law). Please see www. searsconnect.ca for more information on Sears Connect’s Fee Schedule. Customers subscribing solely to Sears Connect’s residential local telephone service who purchase any additional product(s) or service(s) from Sears Connect and/or its affiliated companies will: (i) no longer be eligible for the then applicable CRTC approved maximum price for residential stand-alone primary exchange local telephone service; (ii) be subject to any future price increases for such residential local telephone service; and (iii) be required to pay the then applicable downgrade fees (currently $25, subject to change), and any applicable administrative charges and/or early termination fees, if they cancel all of the additional product(s) or service(s) in order to be eligible for the then applicable CRTC approved maximum price for residential stand-alone primary exchange local telephone service (the “Downgrade Option”). Sears Connect Terms of Service 2 You must ensure that the billing and payment information you provide to Sears Connect (including name, mailing address, residency, address, telephone number, credit card and bank account) is always up-to-date. If you provide a credit card to Sears Connect to make your monthly payments, you authorize Sears Connectto charge your credit card for all outstanding amounts and all Charges due under this Agreement. Sears Connect™ Calling Cards Sears Connect Calling Cards and their Personal Identification Number (PIN) should be treated as confidential and non-transferable. In the event that a Sears Connect Calling Card is stolen or lost, or is being used in an unauthorized manner, the subscriber is responsible for immediately notifying Sears Connect Customer Service by calling 1.855.241.8500. Customer Service will then issue a request to deactivate the Calling Card. However, the subscriber will be responsible for all costs incurred until such notification to Sears Connect Customer Service is received. Limitation of Liability for Calling Card Use. We will not be liable to you or to any third party for: (i) loss, theft or damage of/to your Calling Card and/ or associated PIN; (ii) unlawful or unauthorized use of your Calling Card and/or associated PIN; (iii) failure to complete a telephone call using your Calling Card and/or associated PIN; and/or (iv) any other losses or damages arising from your use of, or inability to use, your Calling Card and/or associated PIN. Amendments/Changes To the extent not prohibited by applicable law, Sears Connect may change the Services and/or this Agreement, including applicable Charges, fees or other obligations, or any feature or other aspect of any of the Services. Sears Connect will notify you in advance of any change to the Agreement or any material change to the Services by posting a notice on www.searsconnect.ca, by mailing a notice or other message on your monthly invoice or any other method likely to come to your attention. If you do not accept the change, your sole recourse is to cancel the Service to which the change applies. If you continue to use the Services after a change comes into effect, then, to the extent not prohibited by applicable law, you expressly agree that (i) you will be deemed to have accepted the change, with no additional written agreement or express acknowledgement required; (ii) specifically, you waive all statutory requirements for notice and express acceptance of such change except for those provided in this section; and (iii) you will be responsible for the payment of all Services. Cancellation of Services and Default To cancel a service, you may contact Sears Connect at the Sears Connect Customer Support Center (see end of Terms of Service for 3 Sears Connect Terms of Service contact information). Cancellation takes effect 30 days after your next monthly billing cycle following the date you contact Sears Connect. You will be charged the applicable Charges for that 30 day cancellation period. Sears Connect may, without liability, stop providing you with any or all of the Services and/or terminate this Agreement for any reason upon a minimum of 30 days prior written notice to you. Please see the Fee Schedule(s) for any additional applicable cancellation charges that may apply to your cancellation of Services. If you breach any part of this Agreement, Sears Connect may, as permitted by law and without liability (a) enter your premises and take immediate possession of all Sears Connect Equipment provided in connection with the Services, or require you to promptly return it in proper working order and in good condition; (b) accelerate and bill all Charges and other amounts under this Agreement as due and owing as of the termination date; and (c) terminate all Services and this Agreement by written notice and specify a final payment date for all amounts that you owe not earlier than 10 days (or any other date permitted by law) from the date of the notice. “Equipment” means any device, equipment or hardware (other than Customer Equipment) used to access the Services or used in conjunction with the Services. Suspension of Services Upon reasonable advance notice to you, Sears Connect may suspend (from time to time) any Service for a breach of this Agreement. Suspension does not change your obligation to pay for the Services. Special Payment Terms; Deposits and Alternatives In exceptional circumstances, Sears Connect may require you to pay the charges on an interim basis, despite your monthly billing cycle. In such cases, you must pay on or before the required due date to avoid termination or suspension of your services. Sears Connect may also require you to make deposits if you: a) have no credit history with Sears Connect and do not provide satisfactory credit information; b) have an unsatisfactory credit rating with Sears Connect due to payment practices in the previous 2 years regarding any Sears Connect Services; or c) represent an abnormal risk of loss Sears Connect holds the deposit and you will not earn any interest on any deposits or other payments held by us. When the Services are terminated or the conditions justifying the deposit are gone, Sears Connect will apply the deposit and against the outstanding Charges or other amounts you owe, then refund you the balance of the deposit, if any. Sears Connect Terms of Service 4 Obligation to Provide Service Sears Connect may refuse, at any time and without liability, to provide Services to you where Sears Connect would have to incur unusual expenses such as, but not limited to, securing rights of way or for special construction. Sears Connect may provide such Services if, upon Sears Connect’s request and agreement, you agree to pay the specified amount for these unusual expenses. Agreements on such matters shall be in writing and signed by you and Sears Connect. Connections and Non-Sears Connect Equipment You must supply, install and maintain all facilities, software and equipment not provided by Sears Connect (“Customer Equipment”). You are responsible for all disruptions and damage caused by Customer Equipment, including any effect on other customers’ ability to receive Sears Connect services. Sears Connect may take any action it considers necessary to deal with such effects, including charging you for any costs incurred to remediate them. You are solely responsible for the state of and all access to Customer Equipment, maintenance of security and privacy, and all other risks involved in connection with the Customer Equipment. Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations to access the Services or for the proper operation of the Services (e.g., 9-1-1 services). Such requirements may be changed from time to time at our discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment or Customer Equipment as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so. Except for Customer Equipment that you have fully paid for, all Equipment owned, installed or provided by us (or supplied by the local provider and used in connection with the Services) will always remain Sears Connect’s property (or the applicable provider’s property). With respect to all Sears Connect Equipment, you shall (i) take reasonable care of the Equipment; (ii) not sell, lease, mortgage, transfer, assign or encumber the Equipment; (iii) not move or relocate the Equipment; and (iv) immediately return all Equipment to us at your expense upon termination of the Services for which the Equipment was provided. If you fail to do so, you will be required to pay us the undiscounted retail value of the Equipment, together with any costs we incur in trying to regain possession of the Equipment. Failure to do so will result in certain charges to you, as specified when you received such Equipment. The provider will provide maintenance and repairs to the provider’s Equipment as required due to normal wear and tear (in 5 Sears Connect Terms of Service accordance with the warranty specified by the manufacturer). Additional charges may apply for maintenance and repair work performed outside of regular working hours. You may also be charged for the cost of repairing or replacing the Equipment if you have deliberately, negligently or through lack of reasonable care caused loss, theft or damage to the Equipment. In all cases, you are liable for all damage caused to Equipment and facilities by you or by Customer Equipment. You must immediately notify the provider of any loss, theft or damage of or to the Equipment. Sears Connect or its local representatives and/or authorized service providers (including any local provider or [Bell Canada or its authorized service providers]) may enter the premises as necessary where Services are, or are to be, provided, to install, inspect, repair, maintain or remove the Equipment. They may also enter such premises to maintain, protect, investigate, modify or improve the operation of Services, or to inspect and perform necessary maintenance in cases where disruptions involving customer-provided facilities are affecting the network. You shall obtain and supply the provider with consent from all necessary persons, except in emergencies or where there is a court order. If any of your Services have been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable. Restrictions on Use of Service You may not: a) use the Services for anything other than your own personal use. You may not resell the Services, receive any payment or benefit from the use of the Services, or share or transfer the Services; b) use the Services or permit them to be used for a purpose or in a manner that is contrary to law, including criminal offences, intellectual property infringement, harassment or interference with network operations, or to make annoying or offensive calls; c) use the Services or permit them to be used in a way that prevents fair and proportionate use by others; d) rearrange, disconnect, remove, repair, modify or otherwise interfere with any Services, Equipment or provider facilities; e) attempt to receive Services without paying the applicable fees and charges; and/or f) use any of the Services in a manner that bypasses, or attempts to bypass, the provider’s network The Service is provided to you for your personal, residential, non-business and non-professional use. You may not use the Service for any activity that would be inconsistent with normal residential use. In addition, you will use the Services in a manner that is consistent with the Agreement, including the Acceptable Uses Policy (available at www.searsconnect.ca). Sears Connect Terms of Service 6 Customer Liability for Calls You are responsible for all calls originating from your telephone(s), as well as for all charged calls accepted at your telephone(s), regardless of who made or accepted them. Sears Connect – Initiated Changes in Telephone Numbers and Service Arrangements You have no property rights in any identifier(s) assigned to you (e.g., telephone number(s), account number(s), calling card or PIN number(s); e-mail, IP or Web page address(es), access code(s), etc.). Sears Connect may change such identifier(s), provided we have reasonable grounds for doing so and we have given reasonable advance written notice to you, stating the reason and anticipated date of change. You agree that, in cases of emergency, oral notice with subsequent written confirmation will be sufficient. Whenever Sears Connect changes any identifier(s) on its own initiative, it must, unless there are insufficient central office terminations available, provide “reference of call” service without charge until the earlier of: (i) termination of the Services, and (ii) the distribution of updated directories for that district showing the new number or listing is correct. Confidentiality of Customer Records; Personal and Credit Information All information Sears Connect keeps about you, other than your name, address and listed telephone number, is confidential. Unless you provide express consent, or disclosure is required or permitted by applicable law, or is required in a medical, legal, or security emergency or where there appears to be imminent danger to life or property and your consent cannot be sought in a timely manner, your information will not be disclosed by Sears Connect to anyone other than (a) you; (b) a person who, in Sears Connect’s reasonable judgment, is seeking the information as your representative; (c) another telephone company that provides you with telephone service or a company involved in supplying you with telecommunications, telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or (d) an agent hired by Sears Connect to collect your account, provided the information is required for, and is to be used only for, that purpose. We do not provide directly all the products and services related to your relationship with us. We use selected third party service providers/business partners to process or handle personal information on our behalf and to assist us with various services such as marketing/ telemarketing and product/service fulfillment, billing and other services 7 Sears Connect Terms of Service and you acknowledge that we may release information about you to them. Some of our selected third party service providers/business partners are located outside of Canada. As a result, your personal information may be accessible by regulatory authorities (without notice) in accordance with the laws of other jurisdictions. Sears Connect protects your personal information in accordance with Sears Canada’s Privacy Policy. If you have not opted out of the use of your personal information for marketing purposes (see below), we may use your contact information (including telephone number and e-mail address) for the marketing (including telephone/e-mail marketing and automated telephone messages) of additional goods, services and special offers that might be of interest to you from us, our affiliates, or our selected third party service providers/business partners. We may disclose your contact information (e.g. name, telephone number, e-mail and mailing address) to our affiliates and selected third party service providers/business partners so that they can send you promotional materials and/or telemarket you directly. Please call Sears Connect Customer Service at 1.855.241.8500 if you do not wish to receive marketing from us or our partners. You agree that you will give Sears Connect prior written notice of any changes to your billing information, including but not limited to your new address and contact information. You will be deemed to have given your express consent when you provide written consent; oral confirmation; electronic confirmation through the use of a toll-free number; electronic confirmation via the Internet; or consent through other methods. No Warranties, etc. You acknowledge that the Services or access to the Services, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances: a) if your Equipment fails, is not configured correctly or does not meet our specifications or requirements; b) in the event of a network outage or extended power failure; c) if you tamper with or, in some cases, move the Equipment; or d) following suspension or termination of your Services or account Sears Connect makes no warranties, representations, claims, guarantees or conditions of any nature whatsoever, expressed or implied, including any warranty, representation, claims, guarantees or condition of fitness for a particular purpose, merchantability, title or non-infringement with respect to any of the provider’s Equipment, the Customer Equipment (except as provided below) or the Services. This includes any warranty, claim or guarantee of fitness for a particular purpose, merchantability, title or non-infringement. All such warranties, representations, claims, Sears Connect Terms of Service 8 guarantees and conditions, expressed and implied, are, to the extent permitted by applicable law, hereby excluded. Customer Equipment is subject to the terms and conditions of any manufacturers’ warranty or extended warranty plan you may have obtained at the time of purchase. None of the Services are guaranteed to be error-free or uninterrupted, and Sears Connect shall not be held liable to you or any other person for any damages, whether direct, indirect, special, consequential, exemplary, incidental, or of any kind or for any reason whatsoever arising out of any Service. You are solely responsible for maintaining the security and privacy of your property (including any Customer Equipment) and your transmissions using the Services, the Equipment or our facilities or networks. Limitation of Sears Connect Liability SEARS CONNECT AND ITS PROVIDERS’ LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHER CAUSES OF ACTION, INCLUDING FUNDAMENTAL BREACH, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IS LIMITED TO PAYMENT, UPON REQUEST, FOR ACTUAL AND DIRECT DAMAGES OF A MAXIMUM AMOUNT OF $20 OR AN AMOUNT EQUAL TO THE SERVICE FEES PAYABLE DURING ANY SERVICE OUTAGE, WHICHEVER IS GREATER. OTHER THAN THIS PAYMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SEARS CONNECT NOR ITS PROVIDERS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING LOSS OF DATA, LOSS OF INCOME, LOSS OF PROFIT OR FAILURE TO REALIZE EXPECTED SAVINGS ARISING DIRECTLY OR INDIRECTLY FROM SEARS CONNECT (OR ITS PROVIDERS’) NEGLIGENCE OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR OTHERWISE). Without limiting the generality of the foregoing, Sears Connect is not liable for: a) any acts or omissions on the part of a telecommunications carrier whose facilities are used to establish connections to points which Sears Connect does not directly serve; b) defamation or copyright infringement arising from material transmitted or received over Sears Connect’s facilities; c) infringement of patents or other intellectual property arising from combining or using customer-provided facilities with Sears Connect facilities; d) the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Services; e) any error, inclusion or omission with respect to any telephone listings or directories; 9 Sears Connect Terms of Service f) the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers); g) any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits; or h) any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto Access to 9-1-1 Services In addition to the limitations on Sears Connect’s and its providers’ liability set out elsewhere in this Agreement, the following limitations apply to the provision of the enhanced 9-1-1 service (“E911 Service”) on those Sears Connect Services provided over fibre to the home technology (“FTTH Services”). The FTTH Services, including the E911 Service, will not be available during network outages, including during planned hardware or software upgrades. The FTTH Services will cease to function during extended power outages, that is, once the battery back-up attached to the FTTH Services equipment at your premises (collectively, “FTTH Equipment”) has been depleted. The FTTH Equipment may also have to be configured in certain ways or maintained in certain locations for the proper operation of the FTTH Services, including the E911 Service, and therefore, the FTTH Equipment should not be moved, tampered with or relocated. You are responsible to inform all persons who may be present at your premises, including residents, guests, and other persons, of such limitations and requirements. You are solely responsible for the supply of electrical power necessary for the FTTH services, including the E911 Service to function and unless otherwise specified by Sears Connect, the proper maintenance of the FTTH Equipment, including contacting Sears Connect when prompted to do so by the battery back-up. To the extent permitted by applicable law, Sears Connect and its providers will not be liable to you or any third party for any inability to use the FTTH Services or to obtain access to the E911 Service as a result of the limitations described in this section or your failure to comply with the requirements set out in this section. Arbitration To the extent permitted by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) the Agreement, including these Terms of Service; (b) the Services or Equipment (as applicable); (c) oral or written statements, advertisements or promotions relating to the Agreement, including these Terms of Service or to the Services (as applicable); or (d) Sears Connect Terms of Service 10 the relationships that result from the Agreement, including these Terms of Service (collectively the “Claim”) will be referred to and determined by final and binding arbitration (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your billing address. Arbitration will be conducted by one arbitrator, chosen by Sears Connect, pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the province in which your Service or billing address (as applicable) is located but if your billing address is outside of Canada, the Service Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. General This Agreement is governed exclusively by the laws of the province in which your billing address is located (if your billing address is outside of Canada, the Service Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario). This Agreement is subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared invalid or in conflict with any of these laws or regulations, the provision may be deleted or modified without affecting the validity of its other provisions. This Agreement, including the Documents as amended, constitutes the entire agreement between you and Sears Connect and replaces all prior agreements, written or oral, with respect to the same subject matter. Except as expressly stated herein, this Agreement cannot be modified or amended by waiver, course of dealing or otherwise. Please note that your rights might vary by province. Sears Connect may transfer or assign all or part of this Agreement, including any rights in accounts receivable, at any time without prior notice or consent. However, you as a customer may not assign or transfer this Agreement, your account or any Service without Sears Connect’s prior written consent. This Agreement has been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties. By using the Service, you show that you accept and agree with the terms and conditions of this Agreement. Sears Connect is not responsible for failing to meet obligations due to causes beyond its reasonable control, including all force majeure events including terrorism, hacking, security breach, fire, flood, earthquake, any other elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war. In this Agreement, the word “including” means including without limitation. 11 Sears Connect Terms of Service Intellectual Property All trademarks, copyrights, brand concepts, names, logos and designs used by us are intellectual property assets, registered or unregistered, that belong to us or are used under license by Sears Connect or its affiliates. All are recognized as valuable assets of their respective owners and may not be displayed or used by you in any manner for commercial purposes or copied in any manner whatsoever for any purpose. Any software, content and/or accompanying documentation that we provide or sell to you or that you receive or purchase through the Services is for your own personal, non-commercial use, may not be distributed, transferred or sold and remains our property or that of our licensors or content providers, as applicable. You will take reasonable steps to protect such software, or content and/or documentation from theft, loss or damage. Directories You are entitled to receive, without charge, as many copies of the most recent telephone directories for your district as you reasonably require, up to a maximum of one per telephone. This includes both white and yellow pages. We must also provide, without charge, replacement directories required as a result of reasonable wear and tear. The contents of such directories may not be published or reproduced in any form without Sears Connect’s written consent. We may vary your entitlement to receive directories provided. We continue to comply with all applicable regulatory obligations to provide directories. You may opt to have your name, address and telephone number listing information omitted from these directories/services by requesting, and paying for, an unlisted telephone number. We cannot guarantee that directory or other listings services providers will not receive or obtain your telephone number(s) and address from other sources. Your name, address and telephone number(s) will be accessible by 9-1-1 system providers, even if you have requested, and paid for, an unlisted telephone number. In case of any error or omission regarding telephone number(s) including failure to remove a directory listing, our maximum liability will be a credit of charges for this Service. Sears Connect / Sears Canada Inc. 3075 Thimens Boulevard Saint-Laurent, QC H4R 1Y3 Telephone: 1.855.241.8500 Sears Connect Terms of Service 12 For more information call 1.855.241.8500 or visit searsconnect.ca #16056 11/2011 You’re sure when it’s Sears Connect.TM
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