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TERMS & CONDITIONS

Last Updated January 18th, 2014

Ace Hardware Corporation, its subsidiaries, and affiliates (collectively, "ACE") are pleased to offer you our consumer-facing websites, mobile sites, mobile applications, and other digital and online services that link to these Terms and Conditions or on which these Terms and Conditions appear, as well as the content, features, and software available on them (collectively, the "Online Services"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ONLINE SERVICES. YOUR USE OF THE ONLINE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

GSI Commerce Solutions, Inc., an eBay company, ("GSI") operates the acehardware.com website pursuant to agreements with ACE (ACE and GSI, collectively, "We" or "Us").

Additional Terms and Conditions. ACE's Privacy Policy, which can be found here, applies to your use of the Online Services. Additional policies, guidelines, and terms and conditions may apply to certain content, features, products, and services available on or through the Online Services, including contests and sweepstakes, Ace gift cards, and the Ace Rewards loyalty program. The terms of the Ace Privacy Policy and such other policies, guidelines, and terms and conditions are made part of these Terms and Conditions by this reference.
Products, Content and Specifications. The ACE products and services described or depicted on the Online Services (collectively, the "Products") and the features, contents, specifications, and prices of the Products are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on your mobile device, computer system, monitor, and/or other display, and we cannot guarantee that colors will be accurately displayed. The inclusion of any Products in the Online Services at a particular time does not imply or warrant that these Products will be available at any time. It is your responsibility 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 purchased from ACE using the Online Services. By placing an order, you represent that the Products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with our shipping restrictions, as set forth in the Online Services. All Products purchased from ACE using the Online Services are made pursuant to a shipment contract. As a result, risk of loss and title for such Products pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information. ACE attempts to ensure that information regarding the Products is complete, accurate and current. Despite ACE's efforts, such information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any such information. For example, Products may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Online Services. In addition, We may make changes in information about price and availability without notice. 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 cancel any order at any time, and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of the Online Services. The Online Services design and all text, graphics, information, content, software, and other material displayed on or that can be downloaded from the Online Services are either the property of, or used with permission by, ACE or GSI and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. 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. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Online Services are registered and unregistered trademarks, trade names and service marks of ACE or GSI or their respective affiliates. Other trademarks, trade names and service marks 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, GSI, or such third party owner, as applicable. VELCRO® is a registered trademark of Velcro Industries B.V.
Linking to the Online Services. Creating or maintaining any link from another website, application, or online or digital site or service to the Online Services without our prior written permission is prohibited. Running or displaying the Online Services or any material displayed on the Online Services in frames or through similar means on another website, application, or online or digital site or service without our prior written permission is prohibited. Any permitted links to the Online Services must comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, the Online Services may contain links to websites, applications, or online or digital sites or services that are not owned, operated or controlled by ACE, GSI, or their affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Online Services. Neither ACE, GSI, nor any of their affiliates are responsible for any content, materials or other information located on or accessible from any other website, application, or online or digital site or service. Neither ACE, GSI, nor any of their affiliates endorse, guarantee, or make any representations or warranties regarding any other website, application, or online or digital site or service, or any content, materials or other information located or accessible from such websites, applications, or online or digital sites or services, or the results that you may obtain from using such websites, applications, or online or digital sites or services. If you decide to access any other website, application, or online or digital site or service linked to or from the Online Services, you do so entirely at your own risk.
Inappropriate Material. 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. In addition to any remedies that ACE and/or GSI may have at law or in equity, if ACE and/or GSI reasonably determines that you have violated or are likely to violate the foregoing prohibitions, ACE and/or GSI may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Online Services of the related materials. ACE and GSI will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing ACE or GSI to disclose the identity of anyone posting such materials.
User Information. Other than personally identifiable information, which is subject to ACE's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications you transmit, upload, or post to or through the Online Services in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. ACE, its affiliates, and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material We deem inappropriate or unacceptable.
Digital Millennium Copyright Act Notice Policy. ACE and GSI respect 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 Sites 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 Hardware's designated agent for notice of copyright infringement is: General Counsel Ace Hardware Corporation 2200 Kensington Court, Oak Brook, IL 60523 (630)990-2780 (630)990-6856 (fax) Email: copyright@acehardware.com
DISCLAIMERS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR RISK. THE ONLINE SERVICES AND THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE ONLINE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ACE, GSI, NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE ONLINE SERVICES. THE MATERIALS AND SERVICES ON OR THROUGH THE ONLINE SERVICES MAY BE OUT OF DATE, AND NEITHER ACE, GSI, NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE ONLINE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ACE, GSI, AND THEIR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH 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, GSI, AND THEIR AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, 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 OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. Neither ACE, GSI, nor their affiliates assume any responsibility, 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. IN NO EVENT WILL ACE, GSI, THEIR RESPECTIVE AFFILIATES AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AND RETAIL PARTNERS OF EACH, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE ONLINE SERVICES, BE LIABLE TO 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, ANY WEBSITE, APPLICATION, OR ONLINE OR DIGITAL SITE OR SERVICE LINKED TO THE ONLINE SERVICES, OR THE MATERIALS, SOFTWARE, INFORMATION OR SERVICES CONTAINED ON OR AVAILABLE AT ANY OR ALL SUCH WEBSITES, APPLICATIONS, OR ONLINE OR DIGITAL SITES OR 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 OR ANY CONTENT, 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 OR THROUGH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR THE RETURNS AND REFUNDS POLICIES AVAILABLE IN OUR CUSTOMER SERVICE SECTION.
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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you.
Choice of Law; Jurisdiction. Except as otherwise expressly provided herein, these Terms and Conditions supersede any other agreement between you and ACE and/or GSI to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Online Services shall be brought only in the courts of the Commonwealth of Pennsylvania or the United States District Court of Pennsylvania. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account or your use of the Online Services at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Online Services at any time without notice.
Additional Assistance. If you have any questions or comments, we invite you to call ACE's customer service department at 1-866-290-5334.

Licensed Under U.S. Patent No. 6,594,641 which is owned by Reshare Commerce LLC

OUR PRIVACY POLICY

This Privacy Policy was last revised on and is effective as of January 18th, 2014.

Ace Hardware Corporation ("Ace Hardware" or "we" or "us") recognizes that you care how information about you is collected and used. We have created this Privacy Policy to inform you of our general information collection, use and sharing practices for our consumer-facing websites and other consumer-facing online and mobile applications and services that link to this Privacy Policy ("Online Services"), online communications through or related to the Online Services, and offline communications through our Customer Service Department in connection with the Online Services, and do not necessarily reflect our practices with respect to information gathered through other websites that we operate or through other offline means. For purposes of this Privacy Policy, Personal Information is information that personally identifies you, such as your full name, address, email address, phone number, and credit card information.

By downloading, installing, accessing or using any of the Online Services or by submitting information to us in a manner governed by this Privacy Policy, you agree to the terms of this Privacy Policy, as amended from time to time.

If you have any questions regarding this Privacy Policy, you should contact our Customer Service Department by email at customersupport@acehardware.com.

What Information About Me Is Collected?

Information You Provide

We collect and store information that you provide through the Online Services, that you otherwise provide to us online, or that you provide to our Customer Service Department in connection with the Online Services. For example, information will be collected when you open or manage an account or an Ace Rewards membership account, when you place an order, when you sign up to receive emails, newsletters or other promotional communications, when you enter a contest or sweepstakes, when you contact us with online inquiries and/or when you otherwise voluntarily submit or provide information to us. The information we collect that you provide to us may include, but is not limited to: names, billing addresses, shipping addresses, email addresses, telephone numbers, Ace Rewards membership ID numbers, credit card numbers and expiration dates, account and log-in IDs, passwords, information regarding orders, demographic information, and information regarding interests and preferences. This information is used for the purpose for which it was collected and for administrative and analytical purposes. For example, the information is used to process and ship orders, to send order and shipping confirmations, to manage billing and payment processes, to operate the Ace Rewards program, to provide emails, newsletters and other communications you have requested, to administer and fulfill sweepstakes and contests, to conduct audits, to manage our information and financial systems, and to provide customer service. This information also may be used to contact you about sales, product recommendations, special offers and new site features from Ace Hardware and other selected vendors, unless you have opted not to receive promotional communications from us. When you opt not to receive emails, newsletters or other promotional information, we collect and store certain information, such as your email address, in order to comply with your preferences regarding such materials.

Information We Collect Through Technologies

Like many online services, we use technologies to collect and store certain other information whenever you interact with our Online Services. For example, we collect your IP address, browser and device information, including operating system, application software, and reference site domain name, every time you access or use the Online Services. We also collect information regarding customer traffic patterns and usage and mobile application usage data. This information is used to analyze and improve the Online Services and to provide our customers with a fulfilling shopping experience.

Cookies

Like many online services, we use cookies, which are small data files created by a Web server and stored by your browser, for analytical purposes. Cookies also help us to identify account holders and Ace Rewards members and to optimize the log-in, account management, and shopping experience. Cookies also allow us to hold selections in a shopping cart when a user leaves without checking out. Most browsers accept cookies automatically but allow you to disable them. If you disable cookies, you may not be able to use some features of the Online Services. To learn more about cookies and how to disable them, please consult the "Help" feature of your browser or your device's user guide or visit www.aboutads.info/consumers.

Interest-Based Advertising

We and our ad management partner(s) collect information about your online activities over time and across third party websites so we can manage advertising effectiveness and provide you with online advertisements, including advertisements on the websites of third parties not affiliated with Ace Hardware, more likely to be of interest to you. We may use web beacons (also known as action tags, pixels, or transparent GIF files) and similar technologies to help manage online advertising. These technologies are provided by our ad management partner(s) and enable our ad management partner(s) to recognize a unique cookie. The cookie was placed by us (when you accessed the acehardware.com website) or by another advertiser who works with our ad management partner(s). These technologies also allow us to learn which advertisements bring users to our Online Services. With web beacon technology, the information that we collect and share is anonymous and not personally identifiable. It does not contain Personal Information.

For more information about interest-based advertising (often referred to as online behavioral advertising) and how to manage your preferences for interest-based ads, please visit www.aboutads.info/consumers.

To opt out of receiving customized interest-based advertisements from members of the Digital Advertising Alliance (DAA), please visit the DAA website by clicking here.

Location Information

We may also collect information about your location when you access or use our Online Services.

We collect information regarding your general location using your IP address. This information may be used to customize certain features of the Online Services, such as the store locator feature.

If you access or use our Online Services from a mobile device, we may collect geolocation information from your mobile device, but only with your authorization. This information is used to provide you with location-based services, such as store location and local advertising. We may also use this information to send push notifications customized to your location if you have authorized us to send them to your mobile device. Push notifications, which appear on the screen of your mobile device in the form of a badge, alert, or banner, allow mobile applications to send information to your mobile device even when the application is not in use. You may choose to receive push notifications without consenting to the collection of geolocation information, but the messages you receive will not be customized for your location. Your mobile device's operating system may store your authorization to provide us with information regarding your location. While your authorization is active, if you access or request location-based services from our Online Services, your mobile device will provide us with your location without additional authorization from you. If you would like to disable location services in connection with our mobile website, please consult your mobile device's user guide for instructions on clearing cookies. If you would like to disable location services and/or push notifications in connection with our mobile app, adjust your mobile device settings according to the instructions in your mobile device's user guide.

Other Information

We may collect and store information about you that we receive from other sources, such as the U.S Postal Service National Change of Address (NCOA) service and providers of consumer data, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

We may also collect information from you regarding a third party. For instance, if you want to use a "forward to a friend" or similar feature on our Online Services to send communications to a person, we will collect that person's name and email address from you. We will use this information only to send your communication and will not use the information you provide to otherwise contact the person.

Is Information Collected From Children?

We do not sell any items ordered through our Online Services directly to anyone who we know to be under the age of 18. If you are under the age of 18, you should not use our Online Services to submit orders or purchase any items. In addition, we do not collect online any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use our Online Services only with the involvement of a parent or guardian and should not submit any Personal Information of any kind to us.

With Whom Do You Share Information?

We do not share with others any Personal Information collected through our Online Services or through our Customer Service Department in connection with our Online Services, except with your consent or as described in this Privacy Policy.

We engage third parties to perform services in connection with the operation of our business. Examples of these services include, but are not limited to, operation of our Online Services, management of customer accounts and Ace Rewards accounts, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, gift card processing and management, advertising, marketing and promotional activities, sweepstakes and contest administration and fulfillment, Online Services evaluation, data analysis and data cleansing. These third parties may have access to information, including your Personal Information, you provide and/or information collected from you through technologies, but we authorize them to use your Personal Information only in connection with the services they perform on our behalf. We may permit such third parties to disclose Personal Information to subcontractors, but only if the third party limits the subcontractor's use of such Personal Information to services performed on our behalf.

If you are or become an Ace Rewards member, we may share Personal Information regarding you with the Ace Hardware retailer(s) in your area in order to facilitate your membership in the Ace Rewards program.

We also may offer you the opportunity to purchase products and services provided by or in conjunction with third parties. If you purchase any of these products or services, we will provide your Personal Information to the third parties that provide the products and services that you request, but we authorize these third parties to use this Personal Information only in connection with the products and services they provide. We may also provide information, including Personal Information, about you to certain business partners, but only if you participate in programs offered by such business partners.

We, or those with whom we have shared information in accordance with this Privacy Policy, may release Personal Information if we believe in good faith that: the law or legal process requires it; we have received a valid administrative request from a law enforcement agency; or such release is necessary or advisable to protect the rights, property or safety of Ace Hardware, or any of our respective affiliates, business partners, customers or others. We may also disclose Personal Information to assist us in the collection of amounts owed by you to us or to one of our business partners with whom you have authorized us to transact business on your behalf.

We may share non-Personal Information with our marketing partners, ad management partners, advertisers and others from time to time. Examples of such non-Personal Information include the number of users who accessed or used our Online Services during a specific time period or purchased a specific product through the Online Services, and information about your device, system and application software. This information is shared in an aggregated form.

We reserve the right to transfer any information we have about you, including Personal Information, in connection with the sale or transfer of all or a portion of the business or assets of Ace Hardware to a third party.

What Steps Are Taken To Keep Personal Information Secure?

We use various security measures to protect Personal Information that we collect. Due to the inherent nature of the internet and wireless communications, however, we cannot guarantee that such information will be secure from intrusion or breach. If you place an order through our Online Services, you may be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password in order to access account information. In order to help protect your Personal Information further, you should not provide your password to others. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact our Customer Service Department by email at customersupport@acehardware.com or by phone at 1-866-290-5334.

How Can I Access, Correct and Update Personal Information?

If you are an account holder, you can access, correct, and update certain Personal Information by accessing your account through the Online Services. If you are an Ace Rewards member, you can update your Ace Rewards profile in the Ace Rewards area of the Online Services.

Can I Indicate Whether or Not I Want To Receive Promotional Communications?

There are several ways in which you can tell us whether or not you want to receive promotional communications from us. If you are an account holder, you can indicate email preferences by accessing your account through the Online Services. If you place an order through the on Online Services, you will have an opportunity to make or change your selections in this regard. You also will have an opportunity to indicate your preferences by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you or following the "unsubscribe" instructions in a notification or other message type. If you no longer wish to receive push notifications on your mobile device, please consult your mobile device's user guide for instructions on how to disable push notifications.

What Happens When I Link To or From Another Web Site or Use Social Media or Product Review Features?

Our Online Services may contain links to other third party websites, applications or services. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other websites, applications or services, including websites, applications or services operated by Ace retailers, which are independently owned and operated. We encourage you to be aware of when you leave our Online Services and to read the privacy policies of each and every third party website, application or service that you access or use.

If you have accessed our Online Services through a link from certain of our advertising or marketing partners, our Online Services may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of this information is governed by this Privacy Policy.

Online Services offer you the ability interact with, and may allow you to share information, product reviews and other user generated content with social media platforms such as Facebook, Twitter, Google+, Pinterest, and YouTube, and social commerce networks, such as PowerReviews and Bazaarvoice. Please be advised that your sharing of information, product reviews or other user generated content, and any information gathered by these social media platforms and social commerce networks in connection with your sharing, is not covered by this Privacy Policy, but will be governed by the privacy policy and terms of use of the applicable platform or network. We encourage you to be aware of when you leave our Online Services and to read these privacy policies and terms of use.

What About Contests and Sweepstakes?

When we run a contest or sweepstakes through our Online Services, it will be accompanied by a set of rules. If our use of your Personal Information gathered in connection with the contest or sweepstakes entry process is different from the terms of this Privacy Policy, the rules for such contest/sweepstakes will specify how that information will be used. If you win a contest or sweepstakes, additional provisions regarding the use of your Personal Information may be included in required winner's affidavits and releases.

How Will I Be Informed About Changes Regarding This Privacy Policy?

Our Online Services will continue to evolve to bring you new features and services and to implement technological advances. As a result, we may change this Privacy Policy from time to time without prior notice. Revised versions of this Privacy Policy will be posted on this page, together with an updated effective date. In some cases, we may also send an email or other communication notifying users of the changes. You should check this page periodically to see if any recent changes to this Privacy Policy have occurred. By downloading, installing, accessing, or using any of our Online Services after we post any such changes, you agree to the terms of the Privacy Policy as modified.