Terms of Use

Ace Hardware Corporation, its subsidiaries, and affiliates (collectively, “Ace” or “we” or “us”) are pleased to offer you our websites, mobile applications, and other online, digital and mobile services, applications and platforms that link to these Terms of Use or on which these Terms of Use appear, as well as the content, features, and software available on them (collectively, the “Online Services”). These Terms of Use form an agreement between Ace and you and set forth the terms and conditions upon which we make the Online Services available to you. You must be 18 or older to use the Online Services.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ONLINE SERVICES. THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON ACE’S LIABILITY. YOUR USE OF THE ONLINE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE ONLINE SERVICES.

Note for Non-U.S. Visitors: The Online Services and the products and services offered on the Online Services are intended only for residents of the fifty (50) United States and the District of Columbia and are not directed to individuals residing outside the United States. If you reside outside the United States, do not access or use the Online Services.

Privacy. Ace’s Privacy Policy applies to your use of the Online Services and is incorporated by reference into these Terms of Use.

Additional Terms. Additional policies, guidelines, FAQs, rules, click-through agreements, and other terms and conditions may apply to certain portions of the Online Services or certain content, features, products, and services available on the Online Services (collectively, “Additional Terms”). These Additional Terms include, without limitation:

o Ace Rewards® Program Terms and Conditions

o Ace Gift Card Terms and Conditions (see card for Terms and Conditions)

o Customer Service policies, including our 30 Day Return Policy

o Official Rules for contests and sweepstakes

The Additional Terms, which are made part of these Terms of Use by this reference, are intended to supplement, not replace, these Terms of Use. However, to the extent of any conflict between any applicable Additional Terms and these Terms of Use, the Additional Terms will prevail. The Additional Terms may be modified from time to time. Modified versions of the Additional Terms shall be effective immediately upon posting.

Modification of Terms of Use. We may revise these Terms of Use from time to time without prior notice. Revised versions of these Terms of Use will be posted on this page, together with an updated effective date. You should check this page regularly to see if any recent changes to these Terms of Use have occurred. In some cases, we may post a notice of the revision on the Online Services and/or send an email or other communication notifying users of the changes. By downloading, installing, accessing, or using any of our Online Services after we post a revised version of the Terms of Use, you agree to the Terms of Use as modified.

Modification of Cancellation of Online Services. We reserve the right at any time with or without notice to modify or terminate the Online Services, or any portion thereof.

Products, Pricing, Orders. The products and services offered on the Online Services (collectively, the “Products”) and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice. Product pricing varies and is determined by your location, as derived from your IP address or a location that you provide, or by the advertisement or marketing channel that directed you to the Online Services. In addition, pricing for Products offered on the Online Services may differ from prices available in Ace Hardware stores. Except as otherwise noted in these Terms of Use, Ace is the merchant of record for the Products you purchase on the Online Services. You agree to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Product. By placing an order, you represent that the Products ordered will be used only in a lawful manner. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order. Please see our Customer Service policies for additional information regarding purchases, including information regarding payment options, taxes, discount codes, online redemption of Ace Rewards, order tracking, cancellation, and fulfillment, communications regarding your order, Product recalls, and our 30 Day Return Policy. Although the Online Services may display advertisements by, and links to websites maintained by, independently owned and operated Ace Hardware stores, Ace is not responsible for the contents of such advertisements and/or websites and Ace is not the seller or merchant of record for any products or services offered on such websites.

Assembly, Shipping, Delivery and Store Pickup. Subject to the limitations and restrictions of the Online Services, the limitations, restrictions, and terms described in the Customer Service policies, and the payment of any applicable charges, when an order is placed using the Online Services, you have the following options:

Assembly

If assembly is available, you may elect to have select Products assembled by a participating Ace Hardware store. Assembly is not available on all Products. The local Ace Hardware store providing the assembly services is the merchant of record for such services and you must file any claims related to the assembly services, including claims for improper assembly or Products damaged during assembly, directly with the store. ACE IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, ASSEMBLY SERVICES. For more information on Product assembly, please review our Customer Service policies.

Ship to Home

If shipping is available, you may have the Product(s) shipped by carrier to an address in the United States designated by you, as long as that shipping address is compliant with our applicable shipping restrictions and the Product is shipped either to you at your address or to a bona fide gift recipient at their address. Ship by carrier is not available if you purchase Product assembly. Shipment of Products by carrier is made pursuant to a shipment contract. Risk of loss for and title to such Products will pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. For more information on shipment by carrier, please review our Customer Service policies.

Store Pickup

If store pickup is available, you may pick up the Product(s) at a participating local Ace Hardware store, as indicated in the Online Services. Risk of loss for and title to such Products will pass to you when you pick up the Products from the designated participating Ace Hardware store. For more information on store pickup, please review our Customer Service policies. Resellers may not have their customers pick up Products from an Ace Hardware store.

Delivery from Store

If delivery is available, you may have the Product(s) delivered by a participating local Ace Hardware store to an address designated by you, as long as that delivery address is compliant with our applicable delivery from store restrictions and the Product is delivered to you at your address or to a bona fide gift recipient at their address. Risk of loss for and title to such Products will pass to you upon the local Ace Hardware store’s delivery of the items at the designated delivery address. The local Ace Hardware store providing the delivery services is the merchant of record for such services and you must file any claims related to the delivery services, including claims for damaged and/or lost deliveries, directly with the store. ACE IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, DELIVERY SERVICES. For more information on store pickup, please review our Customer Service policies.

Ace, and each local Ace Hardware store providing Products, assembly and/or delivery services, may cancel any order at any time for any reason. Assembly, delivery, shipping, and store pickup of Products is limited to the fifty (50) United States and the District of Columbia.

Ace does not permit acehardware.com to be used by resellers as a drop ship supplier. Resellers are prohibited from (i) using acehardware.com to ship or deliver Products to their customers, (ii) having their customers pick up Products in an Ace Hardware store; and (iii) using the Ace name, logo, and trademarks in any manner in connection with reseller’s business, including without limitation, failure to remove materials referencing Ace, such as packing slips, prior to shipping Products to customers. For information on B2B purchasing options available to resellers, please visit our B2B page.

Product Information. Ace attempts to ensure that information regarding the Products is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date and we make no representation regarding such information. For example, Products may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Online Services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Product colors may vary we do not guarantee that colors will be accurately displayed.

License to Use the Online Services. Conditioned upon your compliance with these Terms of Use, Ace grants you a limited, revocable, non-exclusive license to access, use and display the Online Services solely for your non-commercial personal use and for no other purpose. Ace’s mobile applications are subject to the additional license terms and conditions set forth in the “Mobile Applications” section below. We reserve all rights in and to the Online Services not expressly granted to you under these Terms of Use. You may not modify the information or materials located on the Online Services in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. You may not use the Online Services if you are the subject of sanctions under U.S. law.

Copyrights and Trademarks. The design of the Online Services and all text, images, graphics, information, content, software, and other material displayed on or available through the Online Services are the property of either Ace or its licensors, are protected by copyright, trademark and other laws, and may not be copied or used (including in “meta-tags” or “hidden text”) except as permitted in these Terms of Use or with the prior written permission of the owner of such material. Certain trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of Ace. Other trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Online Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Online Services without the written permission of Ace or such third party owner, as applicable.

Accounts; Security. Some portions of the Online Services may permit or require you to create or maintain an account. You agree to provide accurate and complete information when you create an account and promptly update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to such information and to your computer or device. You may not permit others to use your account and you may not use anyone else’s account at any time. Nevertheless, you are responsible for all activities that occur under your account and we may rely on the authority of anyone accessing your account or using your username and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Ace shall not be liable for any damages resulting from any compromise of the confidentiality of your account or password and/or any unauthorized access to your account or use of your username and password. Please see our Customer Service policies for additional information on opening and managing your account. Please note that your online account is separate from your Ace Rewards account, but you may choose to link the two accounts to earn points and redeem rewards for purchases on the Online Services. For more information about the Ace Rewards program, please review the Ace Rewards Program Terms and Conditions.

Account Termination and Suspension. You may terminate your account at any time by contacting Ace’s customer care department by phone at 509-837-6401. Ace may suspend or terminate your account or your use of the Online Services at any time for any reason without notice. In addition, Ace may take any and all actions we deem necessary or reasonable to help ensure the security or integrity of the Online Services and your account. You are personally liable for any orders that you place or charges that you incur prior to termination or suspension.

Third Party Links. From time to time, the Online Services may contain links to websites, applications, platforms or services that are not owned, operated or controlled by Ace (“Third-Party Services”). If you use links to Third-Party Services, including links to websites operated by Ace Hardware stores, you will leave the Online Services. All such links are provided solely as a convenience to you and your use any Third-Party Services is entirely at your own risk. Ace is not responsible for and does not endorse or guarantee any Third-Party Services, or any products, services, content, or other information available on any Third-Party Services.

Prohibited Conduct. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You also agree in relation to the Online Services not to: (i) access or attempt to access any information or material by working around any technical features that limit your use of or access to the Online Services; (ii) disrupt, interfere with the security of, or otherwise cause harm to the Online Services or any servers or networks; (iii) infringe any intellectual property rights or proprietary rights; (iv) post or otherwise submit any harmful or disruptive software or files, including viruses, spyware and ransomware; (v) disrupt, interfere or inhibit any other user from using and enjoying the Online Services; (vi) violate any applicable laws or regulations; (vii) use any robot, spider, or other programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Online Services or otherwise monitor or copy any portion of the Online Services; (viii) prepare, compile, scrape, harvest, download or otherwise use or copy any information from the Online Services, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (ix) transmit spam or other unsolicited or bulk communications; (x) create or use a false identity or contact information for the purpose of misleading Ace or others; or (xi) violate the rights (including rights of privacy and publicity) of any person or abuse, defame, harass, stalk or threaten another. In addition to any remedies that Ace may have at law or in equity, if Ace reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Ace may take any action Ace deems necessary or advisable to cure or prevent the violation. Ace will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Ace to disclose the identity of anyone violating the foregoing prohibitions.

User Generated Content. The Online Services may offer opportunities to post ratings, reviews, comments, photos, and other content (collectively “User Generated Content”). Your User Generated Content must be truthful and accurate and must not be illegal or violate these Terms of Use (including the provisions regarding prohibited conduct). Your User Generated Content must not be obscene, vulgar, or otherwise injurious or objectionable. In addition, your User Generated Content must not contain political campaigning, commercial solicitation, URLs, or any form of contact information. You may not mislead as to the origin of any User Generated Content. Please remember that your User Generated Content may be publicly available and we are under no obligation to treat it as confidential. You must disclose in your User Generated Content (i) If Ace or our representatives provided you with a product, prize, compensation, or anything of value, or (ii) if you are an Ace employee or supplier or are otherwise connected to Ace. Any opinions, advice, or statements contained in User Generated Content are those of the respective authors, not Ace and Ace is not responsible or liable for User Generated Content posted by you or any other user. We shall have no obligation to use, return, review, or respond to any User Generated Content. We have the right, but not the obligation, to monitor, edit, not post and/or remove any User Generated Content for any reason. You hereby grant Ace a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display and otherwise exploit your User Generated Content throughout the world in any media or format, now known or hereinafter devised, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any third party. You hereby grant Ace, and any party authorized by Ace, the right to use the screen name or other name that you submit in connection with such User Generated Content, if we or they choose. You represent and warrant (i) that you own or otherwise control all of the rights in and to your User Generated Content and have all permissions necessary to grant the above licenses; and (ii) that your User Generated Content does not violate these Terms of Use.

Idea Submissions. Unless expressly invited in writing by Ace (for example, in order to participate in a contest), you agree not to submit any suggestions, ideas, concepts, know-how, techniques, or methods for new, proposed, or improved services, products, or processes (“Submissions”) through the Online Services. However, should you do so, you hereby grant Ace, its affiliates, and/or their designees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, sublicensable, royalty-free license to use the content of such Submissions in any manner and for any purpose whatsoever, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, merchandising, and/or marketing.

Digital Millennium Copyright Act Notice Policy. Ace respects the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Online Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Online Services where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Ace’s designated agent for notice of copyright infringement is:

General Counsel

Ace Hardware Corporation

2200 Kensington Court

Oak Brook, IL 60523

Phone: 630-990-8974

Email: copyright@acehardware.com

WARRANTY; DISCLAIMERS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) THE ONLINE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; and (ii) ACE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE OUT OF DATE AND ACE DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE ONLINE SERVICES. PRODUCTS AND SERVICES OFFERED ON THE ONLINE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, IF ANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS AND SERVICES OFFERED OR SOLD ON THE ONLINE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACE HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) ACE, ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICES OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR DOWNLOADING, INSTALLATION, OR USE OF, ACCESS TO, OR BROWSING THE ONLINE SERVICES OR YOUR DOWNLOADING, INSTALLATION, OR USE OF ANY SOFTWARE, CONTENT, OR MATERIALS FROM THE ONLINE SERVICES; (ii) IN NO EVENT WILL ACE, ACE RETAILERS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, PRODUCTS AND SERVICES OFFERED ON THE ONLINE SERVICES, OR ANY WEBSITE, APPLICATION, OR ONLINE OR DIGITAL SITE OR SERVICE LINKED TO THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR 30 DAY RETURN POLICY AVAILABLE IN OUR CUSTOMER SERVICE POLICIES.

Dispute Resolution; Arbitration; Prohibition of Class Actions. YOU AND ACE AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE ONLINE SERVICES OR ANY PRODUCT OFFERED ON THE ONLINE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND ACE HAVE AGAINST EACH OTHER ARE RESOLVED. You and Ace agree that any and all disputes or claims that have arisen or may arise between you and Ace in connection with the Online Services, including, without limitation, any Products offered or sold on the Online Services and your use of the Online Services, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s Rules and a form for initiating arbitration proceedings are available on the AAA’s website at: www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Ace may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and Ace agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Ace agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other person or party. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

Choice of Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws. A printed version of these Terms of Use shall be admissible in judicial, administrative or arbitration proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Indemnity. You agree indemnify and hold harmless Ace, its affiliates, and their officers, directors, members, employees, and agents (collectively, the “Ace Indemnitees”), from and against any claims, demands, liabilities, losses or expenses, including attorneys’ fees, made against or incurred by the Ace Indemnitees arising out of or in connection with your breach of the Terms of Use, your User Generated Content or your use of the Online Services.

Mobile Applications. Apple® (“Apple”) mobile devices (including iPhone®, iPad®, and iPod touch® mobile digital devices): By downloading, installing, or using an Ace mobile application available through the App StoreSM store for your Apple mobile device (the “Licensed Ace Application for iOS”), you agree that your use of such Licensed Ace Application for iOS is subject to and governed by the Apple Terms and Conditions (available at: http://www.apple.com/legal/internet-services/itunes/us/terms.html#APPS), including the Licensed Application End User License Agreement. In addition, you agree that Licensor (as defined in the Licensed Application End User License Agreement) and its vendors may collect, store, and use information obtained from you or your device, including geolocation information and push notification preferences consistent with your authorization(s), to provide services related to the Licensed Ace Application for iOS. If there is any conflict between the Apple Terms and Conditions, and these Terms and Conditions, the Apple Terms and Conditions will control with respect to your use of a Licensed Ace Application for iOS.

Android™ mobile devices: By downloading, installing, or using an Ace mobile application through the Google Play™ store for your Android mobile device (the “Licensed Ace Application for Android”), you agree that your use of such Licensed Ace Application for Android is subject to and governed by terms and conditions of the following Licensed Ace Application for Android End User License Agreement:

LICENSED ACE APPLICATION FOR ANDROID END USER LICENSE AGREEMENT

The Licensed Ace Application for Android is licensed, not sold, to you by Ace Hardware Corporation (“Licensor”). Your license to the Licensed Ace Application for Android is subject to your prior acceptance of this Licensed Application End User License Agreement (“EULA”), and you agree that the terms of this EULA will apply to each Licensed Ace Application for Android that you license. Licensor reserves all rights in and to the Licensed Ace Application for Android not expressly granted to you under this EULA.

a. Scope of License: This license granted to you for the Licensed Ace Application for Android by Licensor is limited to a nontransferable license to use the Licensed Ace Application for Android on any Android mobile device (“Android Device(s)”) that you own or control and as permitted by the usage rules set forth in Google Play Terms of Service (available at: https://play.google.com/intl/en_us/about/play-terms.html) (the “Google Play Terms”). Licensor makes no representation or warranty that the Licensed Ace Application for Android will run or function properly on all Android Devices. This license does not allow you to use the Licensed Application on any Android Device that you do not own or control and you may not distribute or make the Licensed Ace Application for Android available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Ace Application for Android and, if you sell your Android Device to a third party, you must remove the Licensed Ace Application for Android from the Android Device before doing so. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Ace Application for Android, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Ace Application for Android). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Ace Application for Android, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that Licensor and its vendors may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Ace Application for Android. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. In addition, you agree that Licensor and its vendors may collect, store, and use information obtained from you or your device, including geolocation information and push notification preferences consistent with your authorization(s), to provide services related to the Licensed Ace Application for Android.

c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Ace Application for Android and destroy all copies, full or partial, of the Licensed Ace Application for Android.

d. External Services; Third-Party Materials. The Licensed Ace Application for Android may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. You agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for any External Services. Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by any External Services. You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this EULA or that infringes any intellectual property rights of a third party. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services. In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the Android Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED ACE APPLICATION FOR ANDROID 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 LICENSED ACE APPLICATION FOR ANDROID AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED ACE APPLICATION FOR ANDROID ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED ACE APPLICATION FOR ANDROID AND ANY SERVICES, 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED ACE APPLICATION FOR ANDROID, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED ACE APPLICATION FOR ANDROID WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED ACE APPLICATION FOR ANDROID OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED ACE APPLICATION FOR ANDROID OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED ACE APPLICATION FOR ANDROID OR SERVICES 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.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED ACE APPLICATION for Android, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Ace Application for Android except as authorized by United States law and the laws of the jurisdiction in which the Licensed Ace Application for Android was obtained. In particular, but without limitation, the Licensed Ace Application for Android may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Ace Application for Android, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.

h. The Licensed Ace Application for Android and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Miscellaneous. No delay or failure by Ace to enforce any of these Terms of Use shall be a waiver of any of our rights under these Terms of Use. The invalidity or unenforceability of any provision(s) of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Headings and captions are for convenience only and do not affect the interpretation of any of the provisions of these Terms of Use. Any reference to the term “including” means “including, without limitation.” All references to currency are stated in United States dollars. You may not use or export the Online Services, or any portion thereof, or any Product offered on the Online Services in violation of applicable law, including U.S. laws and regulations related to exports.

Additional Assistance. If you have any questions or comments, we invite you to contact Ace’s customer care department by phone at 888-827-4223.