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Ace Rewards
ACE REWARDS® PROGRAM TERMS AND CONDITIONS
Last updated July 30, 2018
IMPORTANT! These Ace Rewards Program Terms and Conditions ("Program Terms") govern the Ace Rewards Program (the "Program") and your participation in the Program. These Program Terms constitute a binding agreement between you and Ace Hardware Corporation ("Ace" OR "we" OR "us"). PLEASE READ THESE PROGRAM TERMS BEFORE PARTICIPATING IN THE 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 ENROLLING OR PARTICIPATING IN THE PROGRAM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE PROGRAM TERMS. If you do not agree to these Program Terms, then you should not enroll or otherwise participate in the Program.
Privacy and Additional Terms
Ace's use of your information is governed by our Privacy Policy, which is incorporated by reference into these Program Terms. In addition, your use of the www.acehardware.com website (the "Site") in connection with the Program is subject to the Site's Terms of Use, which are incorporated by reference into these Program Terms. To the extent of any conflict between the Privacy Policy and these Program Terms or the Terms of Use and these Program Terms, these Program Terms will prevail.
Modification and Cancellation
We reserve the right to modify or cancel the Program and/or to modify these Program Terms (and any customer service policies or other documents related to the Program) at any time in our sole discretion. Modified versions of the Program Terms will be posted at [need 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 Program members 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 Program Terms have occurred. By participating in the Program after we post any such changes, you agree to the Program Terms as modified.
In the event of cancellation of the Program, your Program Account will automatically terminate upon the effective date of Program cancellation. However, any Rewards issued prior to termination will remain valid through the applicable expiration date.
Eligibility
To be eligible for Program membership, you must: (i) be an individual at least 18 years of age; (ii) a resident of the fifty (50) United States, the District of Columbia, or the Commonwealth of Puerto Rico; and (iii) provide all required enrollment information. Corporations and other business entities are eligible to participate in the Program, provided an authorized employee completes the enrollment process. Ace Hardware retailers may exclude their employees from participating in the Program.
By enrolling in the Program, you are certifying that you meet all eligibility criteria. In addition, if you are enrolling on behalf of a business entity, you are certifying that you are authorized to bind, and do hereby bind, the business entity to these Terms.
Enrollment
There is no charge to enroll and participate in the Program.
You can enroll in the Program: (i) in store, by completing a Program enrollment form at an Ace Hardware retail location that participates in the Program ("Participating Retailer"); or (ii) online, by completing the Program enrollment process at: [insert URL]. Online Program enrollment requires a pre-existing Ace Hardware online account ("Ace Hardware Account"). If you don't have an Ace Hardware Account, you can open one by completing the Ace Hardware Account enrollment process at: [insert URL]. Online Program enrollment is not available to residents of Puerto Rico. All required information must be provided, including full name, business name (if applicable), mailing address, and phone number. Additional required information may be identified during the enrollment process. Upon successful completion of Program enrollment, a Program account will be created ("Program Account") and you will become a Program member. Each Program member is limited to a single Program Account and duplicate Program Accounts may be terminated. Only Program members in good standing can accrue Points, earn or redeem Rewards, and otherwise participate in the Program.
Program Cards
Ace may elect to provide you with a Program membership card ("Program Card"), which may include a key chain card, but a Program Card is not necessary to participate in the Program or take advantage of Program benefits. If you enroll at a Participating Retailer, one or more Program Cards may be provided to you at that time. If you enroll online, one or more Program Cards may be mailed to the mailing address associated with your Program Account.
Program Cards are and shall at all times remain Ace's property. You agree to surrender your Program Card to us upon our request. You are responsible for all transactions using your Program Card and/or Program Account and agree to notify us immediately if your Program Card is lost or stolen or if you become aware of any unauthorized activity related to your Program Account. If you would like to replace your Program Card or would like additional Program Cards, please contact Customer Service.
Accruing Points
Members earn Program points ("Points") by making qualifying purchases of qualifying merchandise on the Site or at Participating Retailers. Ten (10) Points will accrue for every $1.00 spent on qualifying merchandise, less any discount, coupon, Instant Savings, Red Hot Buy, Reward, in-store promotion or any other price adjustment made at time of purchase. Points will not accrue and may be deducted for any returns, credits, refunds, chargebacks, or voided transactions. In addition, from time to time Ace may elect to award Points in connection with special promotions ("Promotional Points"). Promotional Points are offered or awarded in Ace's sole discretion and may not be offered or awarded to all Program members.
Qualifying merchandise excludes: (i) taxes; (ii) shipping, handling, assembly, and delivery charges; (iii) charitable donations; (iv) service fees; (v) any merchandise purchased from a Participating Retailer's non-Ace businesses; (vi) any merchandise that a Participating Retailer, in its sole discretion, elects to exclude from time to time; (vii) any merchandise that Ace, in its sole discretion, elects to exclude from time to time; and (viii) any non-merchandise, such as services.
Qualifying purchases exclude: (i) payments on accounts, credit card payments, finance and interest charges, and late fees; (ii) any purchase made on any website or application other than the Site; (iii) purchases at retailers that don't participate in the Program; and (iv) any purchase required to be excluded by applicable law.
To earn Points for qualifying merchandise purchased at a Participating Retailer, you must present your Program Card or the phone number associated with your Program Account at the time of purchase. To earn Points for qualifying merchandise purchased on the Site, you must have an Ace Hardware Account linked to your Program Account ("Linked Ace Hardware Account") at the time of purchase. Points will not be awarded retroactively. For purchases at Participating Retailers, your Program Account number may appear at the bottom of the receipt. However, the presence of your Program Account number on the receipt does not mean all items, or any items, appearing on the receipt were qualifying merchandise.
Points will typically appear in your account within five (5) business days of your qualifying purchase. If you feel Points were not properly credited to your Program Account, you must notify us by calling Customer Service within thirty (30) days of the date on which the qualifying purchase took place. You agree that our determination with respect to Points accrued shall be final. Points reflected in our records shall be deemed correct and we shall have the right to determine the Points to be awarded to you, consistent with these Program Terms, and to adjust or void Points at any time.
Earning and Redeeming Rewards
You must earn at least 2,500 Points to receive a Program reward ("Reward"). For every 2,500 Points accrued, you will receive a Reward redeemable for $5.00 off the purchase price of eligible merchandise. If you earn multiple Rewards at the same time (because you have accrued 5,000 or more Points), the Rewards may be combined into a single Reward or Ace may elect, in its sole discretion, to split the total value of the Rewards between multiple Rewards in denominations of Ace's choosing, provided that all Rewards are issued in multiples of $5.00. Ace does not issue partial or fractional Rewards.
Rewards are processed automatically at the end of the month in which the minimum Point level is attained. Points are automatically deducted from your Program Account for processed Rewards. You cannot elect to retain the Points in your Program Account instead of receiving a Reward.
In-store Redemption: If Ace has a valid mailing address for you, we will mail a printed Reward ("Printed Reward") to the mailing address associated with your Program Account. Notwithstanding the foregoing, Your Assigned Participating Retailer (as defined below), may request that we mail your Printed Rewards to such Assigned Participating Retailer instead of mailing the Printed Rewards to you. Your Assigned Participating Retailer may also elect to cancel a Printed Reward. If your Printed Reward is mailed to Your Assigned Participating Retailer or canceled by your Assigned Participating Retailer, your Reward will still be available for online redemption (see the paragraph below on Online Redemption) if you are a resident of the fifty United States or the District of Columbia. A Printed Reward may be redeemed at the Participating Retailer identified on the Printed Reward. In addition, Printed Rewards may be accepted by other Participating Retailers, in their sole discretion.
Online Redemption: Rewards that have been issued, but have not yet expired or been used, will be available for online redemption on the Site. Online redemption requires a Linked Ace Hardware Account and is not available to residents of Puerto Rico. For guidance on redeeming Rewards online, please review Ace's Customer Service policies.
A Reward may be redeemed either in-store or online, but not both. Whether redeemed in-store or online, Rewards can be applied toward the purchase of eligible merchandise only. Eligible merchandise excludes: (i) rentals; (ii) in-store services; (iii) Ace gift cards; (iv) city stickers, trash bags, and other licenses and permits; (v) lumber and building materials; (vi) shipping, handling, assembly, and delivery; (vii) liquor, tobacco, firearms, and fuel; (viii) payments on account, including house accounts and credit cards; (ix) previously purchased merchandise; and (x) taxes. Additional exclusions may apply. See your Assigned Participating Retailer for details.
Rewards are valid for a single transaction only. You may combine more than one Reward towards an eligible purchase and, except as otherwise prohibited, Rewards may be used in conjunction with other offers and discounts. If the value of the Reward(s) used is greater than the purchase price of eligible merchandise, before tax, the remaining balance of the Reward(s) will be forfeited. Photocopies, duplicates, and facsimiles of Printed Rewards are not valid.
Expiration
Points: Points do not expire and unused Points will remain in your Program Account until you reach the minimum number of Points needed to receive a Reward.
Rewards: Rewards expire on the last day of the fourth month following the month in which they are processed. For example, if you have accrued a total of 2,500 points in January, your Reward will be processed at the end of January and will expire on May 31. The expiration date will be printed on your Printed Reward. You can also obtain information regarding Reward expiration dates through your Linked Ace Hardware Account.
Points and Rewards: (i) have no cash value; (ii) cannot be exchanged for cash, in whole or in part; and (iii) have no value outside of the Program. Treat Printed Rewards like cash -- at our discretion we may, but are not obligated to, replace unredeemed lost or stolen Printed Rewards that have not expired. The accumulation of Points does not entitle you to any vested rights with respect to Points, Rewards, or any other Program benefits.
A member's Program membership, Program Account, Program Card, Points, Rewards, and any other Program benefits or awards are for the use of the named Program member only and cannot be sold, shared, assigned, bartered, or otherwise transferred. In the event of a divorce of a Program member, the named Program member retains all Points and Rewards unless otherwise provided by a valid and final court order submitted to Ace. In the event of the death of a Program member, except as otherwise required by law, all Points and Rewards remain non-transferable.
Assigned Participating Retailer
If you enroll in the Program online, Ace will assign a Participating Retailer to you based on the mailing address associated with your Program Account ("Assigned Participating Retailer"). If you enroll in the Program at a Participating Retailer, that Participating Retailer will be your Assigned Participating Retailer. From time to time Ace may change your Assigned Participating Retailer. In addition, you may contact Customer Service to request a change in your Assigned Participating Retailer, but any such change will be effective for future Printed Rewards only and not Printed Rewards that have already been processed.
Program Accounts; Program Account Termination
You are solely responsible for the accuracy and completeness of the information you supply in connection with your Program Account. Failure to keep your Program Account information current may result in forfeiture or lapsing of Points, Rewards, and other Program benefits. You may access and update your information, and access your Program Account status, including Points accrued, by contacting Customer Service. You can also access and update your Program Account online by logging into your Linked Ace Hardware Account. Please note that residents of Puerto Rico will not be able to manage Program Accounts online.
Ace may terminate your Program Account and your participation in the Program at any time, with or without notice to you and without liability or obligation to you, if we determine, in our sole discretion, that (i) you are ineligible for the Program; (ii) you have violated these Program Terms or the Terms of Use; (iii) you have engaged in illegal or fraudulent conduct or conduct that is dangerous, deceptive, improper, or objectionable; or (iv) it is advisable to protect the interests of Ace, our retailers, employees, customers, Program members, or any third party. In the event we cancel the Program, your Program Account will automatically terminate upon the effective date of Program cancellation.
You may terminate your account at any time by contacting Customer Service.
Upon termination of your Program Account, your membership in the Program terminates and all Points are voided. However, Rewards issued prior to termination of your Program Account will remain valid through the applicable expiration date.
Additional Benefits
Ace, in its sole discretion, may offer additional benefits to Program members from time to time. These additional benefits may include:
- Offers and coupons exclusively for members
- Instant savings in-store and online
Proof of Program membership may be required to take advantage of Program benefits.
Errors and Misconduct
We reserve the right, in our sole discretion, to adjust or void your Program benefits, including Points and Rewards, at any time without notice, in the event of actual or suspected (i) human or technical errors; (ii) technical disruptions; (iii) misconduct, fraud, or other activity that impairs the administration, security, integrity, or proper use of the Program, any Program benefits, or any property of Ace or Participating Retailers. In addition, we reserve the right, in our sole discretion, to adjust or void your Program benefits, including Points and Rewards, at any time without notice for any other reason we deem appropriate.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE 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, ACE, ITS AFFILIATES, ITS RETAILERS AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING FROM THE PROGRAM OR YOUR USE OF THE PROGRAM OR ANY SERVICES RELATED THERETO, INCLUDING DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACE, ITS AFFILIATES, ITS RETAILERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND VENDORS, SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR OR IN CONNECTION WITH: (i) YOUR PARTICIPATION IN THE PROGRAM, (ii) YOUR USE OF ANY SERVICES RELATED TO THE PROGRAM, (iii) ANY UNAUTHORIZED ACCESS TO YOUR PROGRAM ACCOUNT OR UNAUTHORIZED USE OF YOUR PROGRAM CARD OR REWARDS, OR (iv) TERMINATION OF YOUR ACCOUNT OR CANCELLATION OF THE PROGRAM.
CERTAIN STATE LAWS DO NOT ALLOW 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 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 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 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 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 Program and any claim or dispute that has arisen or may arise between you and Ace.
Taxes: Program members are solely responsible for any federal, state, or local taxes and/or government fees that may be imposed in connection with the Program.
Waiver: No delay or failure by Ace to enforce any of these 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 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 Program Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
Construction: The headings used in these 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 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 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 Program Account or cancellation of the Program.
Customer Service
If you have any questions regarding the Program or your Program Account, please contact Customer Service at 888-827-4223.
ACE REWARDS® PLATINUM PROGRAM BETA TEST TERMS AND CONDITIONS
Last updated July 22, 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 Test Program Terms") govern the beta test of the Ace Rewards Platinum program (the "Beta Test Program") and your participation in the Beta Test Program. These Beta Test Program Terms constitute a binding agreement between you and Ace Hardware Corporation ("Ace" OR "we" OR "us"). PLEASE READ THESE BETA TEST PROGRAM TERMS BEFORE PARTICIPATING IN THE BETA TEST 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 TEST PROGRAM MEMBERSHIP OR PARTICIPATING IN THE BETA TEST PROGRAM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE BETA TEST PROGRAM TERMS. If you do not agree to these Beta Test Program Terms, then you should not purchase a Beta Test Program membership or otherwise participate in the Beta Test Program.
Privacy and Additional Agreements
Your participation in the Beta Test Program is subject to these Beta Test 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 Test 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 Test Program Terms and any of the Additional Agreements, these Beta Test Program Terms will prevail.
Modification of Beta Test Program Terms
We reserve the right to modify these Beta Test Program Terms at any time in our sole discretion. Modified versions of the Beta Test Program Terms will be posted at https://www.acehardware.com/rewards-terms (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 Test Program Terms have occurred. By participating in the Beta Test Program after we post any such changes, you agree to the Beta Test Program Terms as modified.
Eligibility
To be eligible to purchase a Beta Test Program membership and participate in the Beta Test 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 service area of an Ace retailer participating in the Beta Test Program ("Participating Beta Test Program Retailer"). Corporations and other business entities are not eligible to participate in the Beta Test Program. To determine if you live in the delivery service area of a Participating Beta Test Program Retailer, please contact Ace Customer Care at 888-827-4223. o Free delivery is subject to Ace's Customer Services policies regarding Delivery From Store, except the $50 minimum purchase requirement, which will not apply to Beta Test Program members.
By purchasing a Beta Test Program membership, you are certifying that you meet all eligibility criteria.
Membership Purchase and Expiration
Beta Test Program memberships are available for purchase only on www.acehardware.com. 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. Your membership is returnable for a full refund of the purchase price within forty eight (48) hours of purchase. To obtain a refund, you will need to visit your Participating Beta Test Program Retailer. Thereafter, except as required by applicable law or expressly provided in these Beta Test Program Terms, Beta Test Program memberships may not be returned and the membership fee is non-refundable. Beta Test Program memberships expire one year from the date of purchase unless sooner terminated as provided in these Beta Test Program Terms. Beta Test Program memberships do not automatically renew.
Benefits
The following benefits are available to Beta Test Program members:
- Bonus Rewards - Beta Test 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 Test Program, including the use and expiration of such Rewards. If you are ineligible for membership in the Beta Test Program and elect to terminate your membership for a refund of your membership fee, as described below, you will not receive bonus Ace Rewards.
- Free Delivery - Beta Test Program members will receive free next business day delivery of merchandise purchased on the Site, subject to the following requirements and limitations:
- Items must be in-stock at the member's local Participating Beta Test Program Retailer to be eligible for next business day delivery. However, if an item is not in stock, it will be delivered by the date indicated during checkout at the time of purchase on the Site.
- Not all merchandise is eligible for delivery from all Participating Beta Test Program Retailers.
- The order must be placed before 6pm local time on a day when the Participating Beta Test Program Retailer is open to be eligible for next business day delivery.
- Delivery is limited to the member's residence, which must be within the local Participating Beta Test 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 Test 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 Test Program members may rent select tools from Participating Beta Test 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 Test Program Retailer.
- Tool rental requires a credit card or debit card accepted by your Participating Beta Test Program Retailer and will be processed as a purchase. Your Participating Beta Test 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 Test 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 Test 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 Test Program benefits. If we materially reduce Beta Test Program benefits, we will offer you the option of terminating your Beta Test Program membership and receiving a refund of your membership fee.
Additional Restrictions
Beta Test 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.
Sharing Your Information
In order to facilitate your participation in the Beta Test Program, you acknowledge and agree that Ace may share information about you, including personal information, with Participating Beta Test Program Retailers and that Participating Beta Test Program Retailers may share such information with Ace.
Rewards are processed automatically at the end of the month in which the minimum Point level is attained. Points are automatically deducted from your Program Account for processed Rewards. You cannot elect to retain the Points in your Program Account instead of receiving a Reward.
Termination of Membership; Modification or Cancellation of Beta Test
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 Test Program Terms.
Ace may modify or cancel the Beta Test Program at any time in its sole discretion, with or without notice to you. In the event we cancel the Beta Test Program, your Beta Test 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 terminate your membership or cancel the Beta Test Program during the term of your membership, you will receive a refund of your membership fee, unless the termination is due to your violation of these Beta Test Program Terms or the Additional Agreements, or because you have engaged in illegal, fraudulent, or objectionable conduct.
If you purchase a Beta Test Program membership but are ineligible for the Beta Test Program at the time of purchase because you do not reside in the delivery service area of a Participating Beta Test Program Retailer, you may elect to terminate your membership for a refund of your membership fee. If you purchase a Beta Test Program membership but become ineligible for the Beta Test Program because you move outside the delivery service area of a Participating Beta Test Program Retailer during the term of your membership, you may elect to terminate your membership, but you will not receive a 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 Test Program Retailer.
Communications
Ace may send you mail and/or email communications related to the Beta Test Program.
Feedback
Ace welcomes your feedback, comments, and suggestions regarding the Beta Test Program and potential improvements to the Beta Test Program (collectively, "Feedback"). Ace may use such Feedback, without restriction, to improve or modify the Beta Test 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.
Errors and Misconduct
We reserve the right, in our sole discretion, to adjust or void your Program benefits, including Points and Rewards, at any time without notice, in the event of actual or suspected (i) human or technical errors; (ii) technical disruptions; (iii) misconduct, fraud, or other activity that impairs the administration, security, integrity, or proper use of the Program, any Program benefits, or any property of Ace or Participating Retailers. In addition, we reserve the right, in our sole discretion, to adjust or void your Program benefits, including Points and Rewards, at any time without notice for any other reason we deem appropriate.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BETA TEST 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 TEST 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 TEST PROGRAM, YOUR MEMBERSHIP IN THE BETA TEST 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 TEST 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, OR BETWEEN YOU AND YOUR PARTICIPATING BETA TEST PROGRAM RETAILER, IN CONNECTION WITH THE BETA TEST 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, AND/OR YOU AND YOUR PARTICIPATING BETA TEST PROGRAM RETAILER, AS APPLICABLE, 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, and/or you and your Participating Beta Test Program Retailer, in connection with the Beta Test 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, or you or your Participating Beta Test Program Retailer, as applicable, 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, and that you and your Participating Beta Test Program Retailer may bring claims against each 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, or both you or your Participating Beta Test Program Retailer, as applicable, 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 Test 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 Test 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 Test Program and the purchase of your Beta Test Program membership.
Waiver: No delay or failure by Ace to enforce any of these Beta Test 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 Test 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 Test 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 Test 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 Test 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 Test Program membership or cancellation of the Beta Test Program.
Customer Service
If you have any questions regarding the Beta Test Program or your Beta Test Program membership, please contact Ace Customer Care at 888-827-4223.
ACE REWARDS FREQUENT BUYER SAVINGS PILOT PROGRAM OFFICIAL TERMS AND CONDITIONS
View Current Offers- Eligibility: The Ace Rewards Frequent Buyer Savings Pilot Program (the "Ace Rewards Frequent Buyer Savings Pilot Program" or "Pilot Program") is sponsored by Ace Hardware Corporation, 2200 Kensington Court, Oak Brook, Illinois 60523 ("Ace" or "Sponsor") and is open to legal residents of the 50 United States or District of Columbia who are current Ace Rewards members in good standing ("Eligible Customers"). Void where prohibited.
- Pilot Program Dates: The Pilot Program will begin on or about July 15, 2019 and will end on July 31, 2019 ("Pilot Program Period").
- Pilot Program Participating Locations: The only Ace retail stores participating in the Pilot Program will be the following (each a "Pilot Program Participating Location" and collectively the "Pilot Program Participating Locations"):
Merrillville Ace Hardware, Crown Point, IN
Steve's Ace Hardware, Dubuque, IA
Steve's Ace Home Garden, Dubuque, IA
Sherwin Ace Hardware, Arlington Heights, IL
Hassett Ace Hardware, Palo Alto, CA
Hassett Ace Hardware, Half Moon Bay, CA
Hassett Ace Hardware, San Mateo, CA
Hassett Ace Hardware, Redwood City, CA
Hassett Ace Hardware, Belmont, CA
Purchases made at Ace retail locations that are not Pilot Program Participating Locations or at AceHardware.com do not qualify for the Ace Rewards Frequent Buyer Savings Pilot Program, nor can free items earned in the Frequent Buyer Savings Pilot Program be redeemed at Ace retail locations that are not Pilot Program Participating Locations. - Pilot Program Offers: During the Pilot Program Period, Pilot Program Participating Locations will extend Pilot Program offers (each an "Offer" or collectively the "Offers") that will be posted at acehardware.com/frequent-buyer-savings (the "Frequent Buyer Website"). Each Offer will be for Eligible Customers to purchase certain quantities of specified products at Pilot Program Participating Locations during a stated time period (the "Offer Period") with a designated start date (the "Offer Start Date") and designated end date ("Offer End Date"), which will be set forth in the Offer terms which shall be posted online at the Frequent Buyer Website (the "Offer Terms"). Each individual purchase of a product that makes up the Offer shall be referred to as a "Qualifying Purchase" and completing all of the Qualifying Purchases to fulfill the Offer shall be referred to as meeting the "Purchase Requirements." If the Eligible Customer completes the Purchase Requirements of the Offer during the Offer Period, the Eligible Customer will be entitled to receive the incentive from a Pilot Program Participating Location (while supplies last), which will also be identified within the Offer Terms (the "Incentive"). Many Offers involve multiple purchases of products before the Participating Customer will earn the Incentive. Unless otherwise stated in the Offer Terms, the purchases do not have to be completed in a single transaction, but all required purchases do have to be completed during the Offer Period at a Pilot Program Participating Location. Once the final purchase of the Purchase Requirements of the Offer is completed, the Eligible Customer will have until the Offer End Date to claim the Incentive. Eligible Customers must check out at register with the Incentive item at a Pilot Program Participating Location and may be responsible for payment of applicable tax on the Incentive. If the Incentive is not claimed within that time period, it will be forfeited.
Pilot Program Offers will be announced at the Frequent Buyer Website and will remain posted throughout the Offer Period.
No rain checks or substitutions allowed for Qualifying Purchases or Purchase Requirements. Offer can only be fulfilled on current stock at Pilot Program Participating Locations. - Offer Status: During the Offer Period, if an Eligible Customer makes a Qualifying Purchase from an active Offer at a Pilot Program Participating Location, the store-issued receipt will show the Eligible Customer's status for fulfilling the Purchase Requirements for that Offer. During the Offer Period, if an Eligible Customer makes purchases at a Pilot Program Participating Location but those purchases do not include any Qualifying Purchases from an active Offer, there will be no messaging about that Offer on the Eligible Customer's receipt (even if the Eligible Customer has previously made purchases toward that Offer). Eligible Customers should save their receipts when a Qualifying Purchase is made as there is not a method by which Eligible Customers can look up the status of their Qualifying Purchases toward Offers. However, Eligible Customers may find out their status by calling the Care Center at 888-827-4223. Note that there may be a limit on the number of Incentives that a customer may earn in connection with each Offer, as indicated in the Offer Terms.
Example:
Sample Offer: Buy five (5) bags of Scotts® Turf Builder® Weed & Feed (Covers 5000 sq ft 7430952) by June 30, 2019 and get (1) bag of Scotts® Turf Builder® Lawn Food (5000 sq ft., 7314263) for free (the "Sample Scotts Offer").
On June 15th Eligible Customer purchases two (2) bags of Scotts® Turf Builder® Weed & Feed (Covers 5000 sq ft 7430952) at a Pilot Program Participating Location. Eligible Customer's receipt will show the Offer and that Eligible Customer has completed two (2) Qualifying Purchases toward the Purchase Requirements and still needs three (3) more Qualifying Purchases by June 30, 2019 in order to receive the Incentive.
If on June 20th Eligible Customer visits a Pilot Program Participating Location and purchases items that do not include any Scotts® Turf Builder® Weed & Feed (Covers 5000 sq ft 7430952), there will not be any messaging on said Eligible Customer's receipt about the Sample Scotts Offer. - General Terms: This Pilot Program is subject to all applicable federal, state and local laws. By participating and/or accepting an Incentive, Eligible Customers agree to be bound by these Official Terms and Conditions and the decisions of the Sponsor, which are final and binding, and to waive any right to claim ambiguity in the Pilot Program or these Official Terms and Conditions. If for any reason this Pilot Program is not able to be conducted as planned or the Pilot Program is not achieving desired goals to support the cost or effort of implementing the Pilot Program, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Pilot Program by giving notice in the Pilot Program Participating Locations or on Sponsor's website. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE PILOT PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Release: By participating in the Pilot Program and/or accepting an Incentive, Eligible Customers agree to comply with all Official Terms and Conditions, as stated, and to release Sponsor, each Pilot Program Participating Location, all Ace retailers, and each of their affiliate and subsidiary companies, and all of their officers, directors, employees, agents and representatives (collectively the "Released Parties") from any and all loss, cost, damage, and/or liability as a result of their participation in this Pilot Program, as well as from the acceptance and/or usage of Incentives (including without limitation to claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light.)
- Limitation of Liability/Arbitration/Jurisdiction/Choice of Law: Except where prohibited by law, as a further condition of participating in this Pilot Program, each Eligible Customer agrees that (a) any and all disputes and causes of action arising out of or connected with this Pilot Program shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitrations under the rules of the American Arbitration Association ("AAA"); (b) the Federal Arbitration Act shall govern the interpretations, enforcement and all proceeding at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstance will participants be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney's fees, and participant further waives all rights to have damages multiplied or increased. Each participant agrees that this agreement is governed by the laws of the State of Illinois (without regard to any conflicts of law provisions) and by participating, entrant hereby consents to the exclusive personal jurisdiction in Cook County in the State of Illinois.
