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ACE REWARDS PLATINUM PROGRAM BETA TEST TERMS AND CONDITIONS

Last updated June 27, 2019

Thank you for your interest in participating in Ace Hardware Corporation’s beta test of Ace Rewards Platinum, a new membership program available for purchase by eligible Ace Rewards® program members. These Ace Rewards Platinum Program Beta Test Terms and Conditions ("Beta Program Terms") govern the beta test of the Ace Rewards Platinum program (the "Beta Program") and your participation in the Beta Program. These Beta Program Terms constitute a binding agreement between you and Ace Hardware Corporation ("Ace" OR "we" OR "us"). PLEASE READ THESE BETA PROGRAM TERMS BEFORE PARTICIPATING IN THE BETA PROGRAM, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE A BINDING CONFIDENTIAL ARBITRATION CLAUSE, A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY PURCHASING A BETA PROGRAM MEMBERSHIP OR PARTICIPATING IN THE BETA PROGRAM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE BETA PROGRAM TERMS. If you do not agree to these Beta Program Terms, then you should not purchase a Beta Program membership or otherwise participate in the Beta Program.

Privacy and Additional Agreements

Your participation in the Beta Program is subject to these Beta Program Terms and to the following additional policies, terms, conditions, guidelines, agreements, and documents (collectively, “Additional Agreements”), all as modified by Ace from time to time in its sole discretion:

• Ace’s Privacy Policy, which governs Ace’s use of your information.
• The www.acehardware.com Terms of Use, which govern your use of the www.acehardware.com website (the "Site").
• The Ace Rewards® Program Terms and Conditions, which govern your participation in the Ace Rewards Program.
• All other applicable policies, terms, agreements, FAQs, and documents posted on the Site, including our Customer Service policies.
• A tool rental agreement will be required to take advantage of Ace Neighborhood Toolbox, the Beta Program’s tool rental benefit. More information on Ace Neighborhood Toolbox can be found in the Benefits section below.

To the extent of any conflict between these Beta Program Terms and any of the Additional Agreements, these Beta Program Terms will prevail.

Modification of Beta Program Terms

We reserve the right to modify these Beta Program Terms at any time in our sole discretion. Modified versions of the Beta Program Terms will be posted at www.acehardware.com/[insert URL] (or any other URL Ace may provide from time to time), together with a revised "Last updated" date. Although we may elect to send a mail or email communication notifying you of the modifications, we are not obligated to do so and you hereby waive any right you may have to receive such notice. You should check this page periodically to see if any recent changes to the Beta Program Terms have occurred. By participating in the Beta Program after we post any such changes, you agree to the Beta Program Terms as modified.

Eligibility

To be eligible to purchase a Beta Program membership and participate in the Beta Program you must:

(i) Be a member in good standing of the Ace Rewards Program (for information on the Ace Rewards Program, including how to become a member, please click here);

(ii) Have an acehardware.com online account linked to your Ace Rewards membership (for information on opening an acehardware.com online account, please click here; and

(iii) Be an individual who resides in the delivery area of an Ace retailer participating in the Beta Program (“Participating Beta Program Retailer”). Corporations and other business entities are not eligible to participate in the Beta Program.

By purchasing a Beta Program membership, you are certifying that you meet all eligibility criteria.

Membership Purchase and Expiration

Beta Program memberships are available for purchase only on the Site. The membership fee is published on the Site and is subject to change from time to time in Ace’s sole discretion. Taxes may apply. Except as required by applicable law or expressly provided in these Beta Program Terms, Beta Program memberships may not be returned and the membership fee is non-refundable. Beta Program memberships expire one year from the date of purchase unless sooner terminated as provided in these Beta Program Terms. Beta Program memberships do not automatically renew.

Benefits

The following benefits are available to Beta Program members:

• Bonus Rewards - Beta Program members will receive a total of $40.00 in bonus Ace Rewards during the one-year membership term, issued as follows: one $10.00 Reward will be issued promptly after the membership is purchased and one $10.00 Reward will be issued in each of the second, third and fourth quarters of the annual membership term. The Ace Rewards® Program Terms and Conditions govern all Rewards issued in connection with the Beta Program, including the use and expiration of such Rewards. If you are ineligible for membership in the Beta Program and elect to terminate your membership for a pro rata refund of your membership fee, as described below, you will not receive bonus Ace Rewards.


• Free Delivery - Beta Program members will receive free next business day delivery of merchandise purchased on the Site, subject to the following requirements and limitations:
  • Free delivery is subject to Ace’s Customer Services policies regarding Free Delivery From Store, except the $50 minimum purchase requirement, which will not apply to Beta Program members.
  • Items must be in-stock at the member’s local Participating Beta Program Retailer.
  • Not all merchandise is eligible for delivery from all Participating Beta Program Retailers.
  • The order must be placed before 6pm local time on a day when the Participating Beta Program Retailer is open.
  • Delivery is limited to the member’s residence, which must be within the local Participating Beta Program Retailer’s delivery service area. Items must be for the member’s personal use and not for commercial or business purposes. “White glove” delivery, including delivery within the home, up or down flights of stairs, to the backyard, etc., may be offered by some Participating Beta Program Retailers for an additional charge.
  • Orders requiring assembly are excluded from next business day delivery.
  • Free delivery excludes assembly and same day delivery.


• Ace Neighborhood Toolbox Program - Beta Program members may rent select tools from Participating Beta Program Retailers, subject to the following requirements and limitations:
  • Tool rental requires a signed Ace Neighborhood Toolbox Agreement (“Toolbox Agreement”) between you and your Participating Beta Program Retailer.
  • Tool rental requires a credit card or debit card and will be processed as a purchase. Your Participating Beta Program Retailer will charge your credit card or debit card for the purchase price of the borrowed tool(s), plus applicable taxes. If a tool is returned as required by the terms of the Toolbox Agreement, the Participating Beta Program Retailer will credit the same credit card or debit card for the full purchase price. If a tool is not returned per the terms of the Toolbox Agreement, the transaction will be considered an “AS IS” purchase of a used item without warranties of any kind, and is subject to return and refund at the sole discretion of the Participating Beta Program Retailer.
  • Tool selection may vary by location
  • Tool rental is subject to availability.

From time to time, Ace may, in its sole discretion, add, eliminate, or modify Beta Program benefits. If we materially reduce Beta Program benefits, we will offer you the option of terminating your Beta Program membership and receiving a pro rata refund of your membership fee based on the unused portion of your membership term.

Additional Restrictions

Beta Program memberships and benefits (i) are for the personal, household use of the eligible member only; and (ii) cannot be sold, shared, leased, assigned, gifted, or otherwise transferred.

Participating Retailer

In order to facilitate your participation in the Beta Program, you acknowledge and agree that Ace may share information about you, including personal information, with Participating Beta Program Retailers and that Participating Beta Program Retailers may share such information with Ace.

Termination of Membership; Modification or Cancellation of Beta Program

You may terminate your membership at any time by contacting Customer Service. If you do so, no portion of your membership fee will be refunded except as expressly provided in these Beta Program Terms.

Ace may modify or cancel the Beta Program at any time in its sole discretion, with or without notice to you. In the event we cancel the Beta Program, your Beta Program membership will automatically terminate upon the effective date of Program cancellation. In addition, Ace may terminate your membership at any time, with or without notice to you. If we cancel the Program or terminate your membership, you will receive a pro rata refund of your membership fee, unless the termination is due to your violation of these Beta Program Terms or the Additional Agreements, or because you have engaged in illegal, fraudulent, or objectionable conduct.

If you purchase a Beta Program membership but are or become ineligible for the Beta Program because you do not reside in the delivery service area of a Participating Beta Program Retailer, you may elect to terminate your membership in the Beta Program and receive a pro rata refund of your membership fee. In no event will Free Delivery benefits be available to you if reside outside the delivery service area of a Participating Beta Program Retailer.

Communications

Ace may send you mail and/or email communications related to the Beta Program.

Feedback

Ace welcomes your feedback, comments, and suggestions regarding the Beta Program and potential improvements to the Beta Program (collectively, "Feedback"). Ace may use such Feedback, without restriction, to improve or modify the Beta Program and Ace’s other products and services. Accordingly, without payment or further consideration to you, you hereby assign to Ace all rights, including copyright and other intellectual property rights, in and to the Feedback. Without limiting the foregoing, you acknowledge and agree that Ace may make any product or service that incorporates the Feedback and/or otherwise exploits the Feedback in any manner Ace deems appropriate. You represent and warrant that your Feedback is not subject to any restrictions by third parties and that you have the right and authority to grant the rights granted herein without violating the rights of any third party. You agree that Ace is under no duty to use your Feedback or keep your Feedback confidential.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BETA PROGRAM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY OF ACE, ITS AFFILIATES, ITS RETAILERS (INCLUDING THE PARTICIPATING BETA PROGRAM RETAILERS) AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FOR DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING FROM THE BETA PROGRAM, YOUR MEMBERSHIP IN THE BETA PROGRAM (INCLUDING TERMINATION OF YOUR MEMBERSHIP), OR ANY GOODS OR SERVICES RELATED THERETO, INCLUDING DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, SHALL NOT EXCEED THE FEE YOU PAID TO PURCHASE YOUR BETA PROGRAM MEMBERSHIP.

CERTAIN STATE LAWS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.

Arbitration Agreement

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 BETA PROGRAM 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 Beta Program shall be resolved exclusively through confidential, final, and binding arbitration. 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. 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.

Prohibition of Class and Representative Actions and Non-Individualized Relief

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 Beta Program members. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.

Miscellaneous

Applicable Law: The laws of the State of Illinois, without regard to principles of conflict of laws, will govern the Beta Program and any claim or dispute that has arisen or may arise between you and Ace.

Taxes: You are solely responsible for any federal, state, or local taxes and/or government fees that may be imposed in connection with the Beta Program.

Waiver: No delay or failure by Ace to enforce any of these Beta Program Terms shall be a waiver of any of our rights under these Program Terms.

Severability: The invalidity or unenforceability of any provision(s) of these Beta Program Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Program Terms is found to be invalid or unenforceable, these Beta Program Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.

Construction: The headings used in these Beta Program Terms are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Beta Program Terms. Any reference to the term "including" means "including, without limitation." All references to currency are stated in United States dollars.

Survival: The provisions regarding Feedback, disclaimer of warranties, limitation of liability, arbitration agreement, prohibition of class and representative actions and non-individualized relief, and these miscellaneous provisions shall survive termination of your Beta Program membership or cancellation of the Beta Program.

Customer Service

If you have any questions regarding the Beta Program or your Beta Program membership, please contact Customer Service at 888-827-4223.