Privacy Policy

This Privacy Policy was last revised on and is effective as of 6/30/2020.

This Privacy Policy forms part of your legal agreement with Ace Hardware Corporation, its subsidiaries, and affiliates (collectively, "Ace" or "we" or "us") under Ace’s Terms of Use. By downloading, installing, accessing, or using any of the Online Services (as defined below) 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.

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, who may be subject to different privacy laws. If you reside outside the United States, do not access or use the Online Services.

Ace 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 (i) our websites, mobile applications, and other online, digital, and mobile services, applications and platforms that link to this Privacy Policy or on which this Privacy Policy appears, as well as the content, features, and software available on them (collectively, "Online Services"), (ii) online communications through or related to the Online Services, (iii) offline communications through our Customer Care Department in connection with the Online Services, and (iv) our Ace Rewards program.

If you have any questions regarding this Privacy Policy, please contact our Customer Service Department by email at carecenter@acehardware.com or by phone at 888-827-4223.

What Information About Me Is Collected And How Does Ace Use It?

Information You Choose to Provide

We collect and store information, including personal information, that you choose to submit to us by entering it into the Online Services, providing it to a Customer Care representative, or providing it to us in some other manner. For example, information will be collected when you open or manage accounts (such as an online 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 that you may provide to us includes, but is not limited to: names, billing addresses, shipping addresses, email addresses, telephone numbers, Ace Rewards membership ID numbers, payment information, Ace account usernames and passwords, information regarding orders, birth month, demographic information, and information regarding interests and preferences. You can choose not to submit this information to us, but you may not be able to complete transactions (such as opening or accessing an account or purchasing a product on the Online Services) unless you provide the required information.

This information is used for the purpose for which it was collected. For example, the information is used to process, track, 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 (including tax reporting), to post product reviews and other content provided by you, and to provide customer service.

We may also generally use this information to conduct audits, to manage our information and financial systems, to prevent, identify, and investigate malicious or illegal activity, fraud, and security matters, to evaluate and improve our products, services, merchandise, Online Services, and customer service, to contact you about sales, product recommendations, special offers, and new site features from Ace and other selected vendors, to promote and market our business, products, and services to you and to engage service providers, to track, measure, and improve the effectiveness of our marketing, including digital marketing, to comply with your preferences regarding marketing communications, and for administrative and analytical purposes. In addition, we may use this information for any other purpose you have authorized.

Information We Collect Automatically Through Technologies

Cookies and Other Technologies

Like many online services, we collect and store certain information automatically 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. We may use this information in combination with other information we have about you, including personal information.

Ace uses cookies, which are small data files created by a Web server and stored by your browser. We also use pixel tags, which are tiny graphic images, also known as web beacons, action tags, or transparent GIF files. Cookies and pixel tags permit the Online Services to function properly. For example, they help us to identify account holders and Ace Rewards members and to optimize the log-in, account management, and shopping experience. They also allow us to hold selections in a shopping cart when a user leaves without checking out. In addition, we may use cookies and other technologies to store your preferences and provide a personalized experience on the Online Services.

Most browsers accept cookies by default but allow you to block or delete them. If you restrict 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.

Analytics

Ace also use cookies and other technologies to implement analytics tools, including Google Analytics, that help us understand how the Online Services are performing, how you engage with the Online Services, and how you interact with our advertisements and communications. The information we collect using Google Analytics, which may be shared with Google, doesn’t include names or contact information, but may include Ace Rewards membership ID numbers, IP addresses, and activity on the Online Services. For more information on your privacy choices in connection with Google Analytics, including the Google Analytics Browser Opt-Out Add On, please visit the Google website at: https://www.google.com/policies/privacy/partners/.

Interest-Based Advertising

We and our advertising vendors use online technologies, including cookies and pixel tags, to collect information about your online activities over time and across third-party websites and platforms. These technologies enable us or our vendors, including Google, to recognize a unique cookie or pixel tag placed by us or our vendors when you accessed the Online Services or by an entity when you visited a non-affiliated website or platform. This information is used to manage advertising effectiveness and provide you with online advertisements, including advertisements on unaffiliated websites and platforms, more likely to be of interest to you. These technologies also allow us to learn which advertisements bring users to our Online Services and to manage affiliate advertising.

For more information about interest-based advertising (often referred to as online behavioral advertising or targeted advertising) and how to manage your preferences for interest-based ads, please visit the following third- party websites:

To opt out of receiving interest-based advertisements from members of the Digital Advertising Alliance (DAA), please visit the DAA website at: www.aboutads.info/choices

To opt out of receiving interest-based advertisements from members of the Network Advertising Initiative (NAI), please visit the NAI website at: www.networkadvertising.org/choices

Please note that these opt-out mechanisms are browser and device specific. If you wish to opt-out of interest-based advertising across all browsers and devices, you need visit the above websites from each browser and device you use. Please consult your device’s user guide or visit the Google Play Support Center or the Apple Support Center for more information on managing interest-based advertisements in a mobile environment. Please be aware that if you opt out of receiving interest-based advertising, you will still be served with advertisements, but they will no longer be targeted to your interests.

Do Not Track Signals

Although your browser may deliver a Do Not Track signal to the Online Services, at present Ace does not respond to such signals.

Location Information

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

We use your IP address to derive information regarding your location (such as longitude and latitude) including Google MAPS. For more information about Google’s privacy policies, please visit http://www.google.com/policies/privacy. 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. Location information is used to assign you to a local Ace Hardware store and to customize certain features of the Online Services, such as the store locator feature, local advertising, and product selection, availability and pricing. 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. In addition, if you interact with a social media platform (such as Facebook, Twitter, or Instagram) via the Online Services, the platform may share information with us such as product sharing. We recommend that you review the privacy policy of each social media platform you use for more information about their privacy practices. We may combine the information about you that we receive from these entities with other information we have about you.

We may also collect information from you regarding another entity or person. 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?

The Online Services and Ace Rewards program are intended for adults. 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 enroll in the Ace Rewards program or 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.

California minors (under 18 years of age) may in certain circumstances request and obtain removal of content or information they posted to the Online Services. If you are a California minor, you may make a removal request by contacting us by email at carecenter@acehardware.com or by phone at 888-827-4223.

We do not sell information about persons under the age of 16.

With Whom Do You Share Information?

We may share non-identifying information that we have collected for a variety of purposes, including marketing. Non-identifying information includes information such as 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, device information, and system and application software.

We may share your Personal Information as described elsewhere in this Privacy Policy and as follows:

Ace Affiliates

Ace may transfer personal information to its subsidiaries and corporate affiliates, including future subsidiaries and affiliates.

Ace Hardware Stores

We may share personal information with Ace Hardware stores in order to facilitate shipping, delivery, and assembly services related to purchases made on the Online Services, to assist in the resolution of disputes or customer services issues, to facilitate your membership in the Ace Rewards program, and to enable Ace Hardware stores to conduct their own marketing activities. Please note that most Ace Hardware stores are independently owned and operated, although some stores are owned by Ace affiliates.

Service Providers

We engage service providers 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, market research, marketing and promotional activities and communications, affiliate advertising, sweepstakes and contest administration and fulfillment, Online Services evaluation, data analysis and data cleansing.

Social Media and Advertising Platforms

We may use social media and advertising platforms, such as Facebook® and Google, to serve advertisements to you or to third parties that the platform determines are similar to you. In order to offer these ads, we may share your personal information, such as email addresses or phone numbers, in hashed or unhashed format, with the platform provider, which can match this information to a particular platform user.

Marketing

We may make your personal information, together with information regarding your preferences, activity, purchases, and demographics, available to affiliates for purposes of conducting marketing activities on behalf of Ace, the affiliates, and/or or any other service providers.

Law, Security and Protection of Rights

We, or those with whom we have shared personal 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 or expressly permits it; we have received a court order or administrative request from a law enforcement agency; or such release is necessary or advisable to protect the rights, property or safety of Ace, our retailers, or any of our respective affiliates, business partners, customers, users of the Online Services or others. We may also disclose Personal Information to enforce this Privacy Policy and the Terms of Use, to troubleshoot problems, and to resolve disputes (including, without limitation, in connection with litigation or arbitration of any dispute between you and Ace or 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).

Sale, Transfer or Reorganization of Business

We reserve the right to transfer your personal information in connection with the sale or transfer of all or a portion of the business or assets of Ace to an entity in the event of a corporate transaction.

In addition to the foregoing circumstances, we may share your personal information when you authorize us to do so.

What Steps Are Taken To Keep Personal Information Secure?

We use various security measures to protect personal information that we collect. However, we cannot guarantee that your personal information will be secure from disclosure or misuse, either by accident or by unauthorized access or use.

In order to help protect your personal information, you should keep your account usernames and passwords secure and not provide them to others. If we request that you re-set your username and/or password, please do so promptly. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please contact our Customer Care Department by email at carecenter@acehardware.com or by phone at 888-827-4223.

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, by clicking on the Sign In/Register button located on the acehardware.com home page. If you are an account holder with an Ace Rewards membership, you can update your Ace Rewards profile by linking your Ace Rewards account to your online account. You can also update certain personal information by contacting our Customer Care department by email at carecenter@acehardware.com or by phone at 888-827-4223. Please note that you may not be able to access or update all information we have about you.

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. Even if you unsubscribe from our emails, you may continue to receive promotional emails from Ace Hardware stores. To unsubscribe from promotional email communications from an Ace Hardware store, please follow the instructions for unsubscribing in the store’s email. 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?

Other Ace websites, applications and digital services may be governed by different privacy policies. Please read the privacy policy posted on each Ace website, application or other digital service that you visit to understand the information collection, use and sharing practices that apply.

Our Online Services may contain links to other websites, applications or services operated by others. 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 Hardware stores, which are independently owned and operated.

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.

Our Online Services offer you the ability interact with social media platforms, such as Facebook®, Twitter®, and Instagram®, and social commerce networks, such as PowerReviews. Please be advised that product reviews, user generated content, and other information you post or share with these platforms and networks, and any information gathered by the platforms and networks, will be governed by the privacy policy and terms of use of the applicable platform or network and not by this Privacy Policy. Please remember than any information you disclose in this manner will be publicly available. For example, any content you submit in connection with a product review may be posted on publicly-facing third-party websites in the PowerReviews network.

We encourage you to read the privacy policy and terms of use posted on each and every website, application, platform, network, or service that you access or 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?

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. You should check this page periodically to see if any recent changes to this Privacy Policy 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 any such changes, you agree to the terms of the Privacy Policy as modified.

Additional Information for California Residents

The following provides information for California residents, as required under California privacy laws, including the California Consumer Privacy Act ("CCPA"). California privacy laws require that we provide California residents information about how we use their personal information, whether collected online or offline, and this portion of our Privacy Policy is intended to satisfy that requirement.

Under the CCPA, "personal information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Please note that this definition of personal information applies to only this section of our Privacy Policy.

Categories of Personal Information that We Collect, Disclose, and Sell

Below please find the categories of personal information about California residents that we collect, sell, and/or disclose to third parties or service providers for a business purpose. Please see the sections above "What Information About Me Is Collected And How Does Ace Use It?" and "With Whom Do You Share Information? "for additional details regarding personal information collection, use, and disclosure.

Sources of Personal Information

As further described in the What Information About Me Is Collected And How Does Ace Use It? section above, we may collect the categories of personal information identified below from the following sources:

Directly from the individual

Ace Hardware stores

Business customers/clients

Social networks

Marketing Vendor

Product Vendor

Categories of Personal Information Do we collect? Do we disclose for business purposes? Do we sell? Categories of Third Parties to Whom Personal Information was Sold or Disclosed for a Business Purpose NAME, CONTACT INFORMATION AND IDENTIFIERS: Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers. YES YES YES Business to Business Companies, Communication Services Companies, Consumer Services Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Consumer Data Resellers, Financial Services Companies, Lifestyle & Interest Product Companies, Manufacturing Companies, Technology/Computer Software Companies, Telecommunications Companies, Affiliates not under the Ace brand, Advertising Networks, and Internet Service Providers CUSTOMER RECORDS: Paper and electronic customer records containing personal information, such as name, address, email address, and telephone number. YES YES YES Business to Business Companies, Communication Services Companies, Consumer Services Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Consumer Data Resellers, Financial Services Companies, Lifestyle & Interest Product Companies, Manufacturing Companies, Technology/Computer Software Companies, Telecommunications Companies, Affiliates not under the Ace brand, Advertising Networks, and Internet Service Providers PURCHASE HISTORY AND TENDENCIES: Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES YES YES Business to Business Companies, Communication Services Companies, Consumer Services Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Consumer Data Resellers, Financial Services Companies, Lifestyle & Interest Product Companies, Manufacturing Companies, Technology/Computer Software Companies, Telecommunications Companies, Affiliates not under the Ace brand, Advertising Networks, and Internet Service Providers USAGE DATA: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement. YES YES YES Business to Business Companies, Communication Services Companies, Consumer Services Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Consumer Data Resellers, Financial Services Companies, Lifestyle & Interest Product Companies, Manufacturing Companies, Technology/Computer Software Companies, Telecommunications Companies, Affiliates not under the Ace brand, Advertising Networks, and Internet Service Providers GEOLOCATION DATA: precise geographic location information about a particular individual or device YES YES YES Business to Business Companies, Communication Services Companies, Consumer Services Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Consumer Data Resellers, Financial Services Companies, Lifestyle & Interest Product Companies, Manufacturing Companies, Technology/Computer Software Companies, Telecommunications Companies, Affiliates not under the Ace brand, Advertising Networks, and Internet Service Providers AUDIO/VISUAL: Audio and electronic information. NO NO NO PROFILES AND INFERENCES: Inferences drawn from any of the information identified above to create a profile about a resident reflecting the resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES YES YES Business to Business Companies, Communication Services Companies, Consumer Services Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Consumer Data Resellers, Financial Services Companies, Lifestyle & Interest Product Companies, Manufacturing Companies, Technology/Computer Software Companies, Telecommunications Companies, Affiliates not under the Ace brand, Advertising Networks, and Internet Service Providers

California Residents’ Rights

California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Right to Opt-out. California residents have the right to opt-out of our sale of their personal information. Opt-out rights can be exercised on our Right to Opt-Out webform at acehardware.com or by calling the Care Center at 888-827-4223 or completing and mailing in a form at a California retail location. California’s definition of sale is broad and encompasses many types of data transfers. However, we do not "sell" any consumer data in the traditional sense for monetary compensation.

Right to Opt-out. California residents have the right to opt-out of our sale of their personal information. Opt-out rights can be exercised on our Right to Opt-Out webform at acehardware.com or by calling the Care Center at 888-827-4223 or completing and mailing in a form at a California retail location. California’s definition of sale is broad and encompasses many types of data transfers. However, we do not "sell" any consumer data in the traditional sense for monetary compensation.

Notice at Collection. We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.

Verifiable Requests to Delete, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:

Right of Deletion: California residents have the right to request deletion of their personal information that we have collected about them, subject to certain exemptions, and to have such personal information deleted, except where necessary for any of a list of exempt purposes. Right to Know – Right to a Copy: California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. Right to Know – Right to Information: California residents have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the: categories of personal information collected;

categories of sources of personal information;

business and/or commercial purposes for collecting and selling their personal information;

categories of third parties/with whom we have disclosed or shared their personal information;

categories of personal information that we have disclosed or shared with a third party for a business purpose;

categories of personal information collected; and

categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

Submitting Requests. Requests to exercise the right of deletion, right to a copy, and / or the right to information may be submitted on our California Residents’ Rights Page at acehardware.com as well as, by contacting Customer Care at 888-827-4223 or by completing a form in our retail stores. We will respond to verifiable requests received from California consumers as required by law.

Right to Non-Discrimination, and Incentives. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their personal information.

Under California’s "Shine the Light" law, California residents who provide Personal Information when obtaining products or services for personal, family, or household use are entitled to request and obtain from Ace certain information about the Personal Information we share, if any, with other businesses for their own direct marketing uses. To obtain this information, please contact us at carecenter@acehardware.com with "Request for California Privacy Information" in the subject line of your email. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.

Terms of Use

Last Updated July 30th, 2018

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 United States and its territories 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: o Ace Rewards Program Terms and Conditions o Ace Gift Card Terms and Conditions o Customer Service Policies, including our Product 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 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

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 by Carrier

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. 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

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.

Delivery from Store

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. 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.

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.

Account Termination and Suspension. You may terminate your account at any time by contacting Ace’s customer care department by email at carecenter@acehardware.com or by phone at 888-827-4223. 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. You agree not to submit any suggestions, ideas, concepts, know-how, techniques, or methods for new or proposed 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 MANUFACTURES, 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 PRODUCT 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 email at carecenter@acehardware.com or by phone at 888-827-4223.