PLATINUM ACE REWARDS® PROGRAM BETA TESTING TERMS
Last updated on July 17, 2019
Thank you for your interest in participating in the beta test of Ace Hardware Corporation's Ace Rewards® Platinum, a new membership program available for purchase by eligible members of the Ace Rewards® program. These Ace Rewards Platinum Program Beta Testing Program Terms and Conditions (“Beta Testing Program Terms”) govern the Ace Rewards Platinum Program Beta Testing Program (the “Beta Testing Program”) and your participation in the Beta Testing Program. These Beta Testing Program Terms are a binding agreement between you and Ace Hardware Corporation (“Ace” OR “we” OR “us”). PLEASE READ THESE BETA TESTING PROGRAM TERMS BEFORE PARTICIPATING IN THE BETA TESTING PROGRAM BECAUSE THEY AFFECT YOUR RIGHTS AND OBLIGATIONS AND INCLUDE A BINDING CONFIDENTIAL ARBITRATION PROVISION, A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTION AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY PURCHASING A SUBSCRIPTION TO THE BETA TESTING PROGRAM OR PARTICIPATING IN THE BETA TESTING PROGRAM, YOU ACCEPT AND AGREE TO THE TERMS OF THE BETA TESTING PROGRAM. If you do not agree to these Beta Testing Program Terms, you may not subscribe to or participate in the Beta Testing Program.
Privacy and Additional Agreements
Your participation in the Beta Testing Program is subject to these Beta Testing Program Terms and the following additional policies, terms, policies, agreements, and documents (collectively, "Supplemental Agreements"), as amended by Ace from time to time. Discretion:
- from toPrivacy Policy, which governs Ace's use of your information.
- www.acehardware.comTerms of Use, which govern your use of the www.acehardware.com website (the "Site").
- ÖAce Rewards® Program Terms and Conditions, governing your participation in the Ace Rewards program.
- All other applicable policies, terms, agreements, FAQs and documents posted on the Site, including oursCustomer serviceguidelines
- To take advantage of the Ace Neighborhood Toolbox, a tool rental agreement is required, the Beta Test Program tool rental benefit. For more information about the Ace Neighborhood Toolbox, see the Benefits section below.
In the event of any conflict between these Beta Testing Program Terms and any Additional Agreements, these Beta Testing Program Terms shall control.
Modification of Beta Testing Program Terms
We reserve the right, in our sole discretion, to change these Beta Testing Program Terms at any time. Revised versions of the Beta Test Program Terms will be posted onhttps://www.acehardware.com/rewards-terms(or such other URL as Ace may provide from time to time), along with a revised "Last Updated" date. Although we may choose to send you emails or email communications to notify you of changes, we are under no obligation to do so and you waive your right to receive such notification. You should check this page periodically for the latest changes to the Beta Test Program Terms. By participating in the Beta Testing Program after we post such changes, you agree to the modified Beta Testing Program Terms.
authorization
To be eligible to purchase a Beta Program membership and participate in the Beta Program, you must:
(i) be a regular member of the Ace Rewards Program (for information about the Ace Rewards Program, including how to become a member, pleaseClick here);
(ii) have an acehardware.com online account associated with your Ace Rewards subscription (for information on opening an acehardware.com online account, please contactClick here; mi
(iii)You must be an individual residing in the delivery area of an Ace retailer participating in the beta testing program("Merchant Participating in the Beta Testing Program"). Corporations and other business entities are not eligible to participate in the beta testing program. To determine if you live in the delivery service area of a retailer participating in the beta testing program, please contact Ace Customer Service at 888-827-4223.
By purchasing a subscription to the beta testing program, you confirm that you meet all eligibility criteria.
Purchase and Expiry of Membership
Subscriptions to the beta testing program can only be purchased at www.acehardware.com. The Membership Fee is published on the Website and is subject to change from time to time at Ace's sole discretion. Taxes may apply. Your subscription may be returned within forty-eight (48) hours of purchase for a full refund. To receive a refund, you must visit your retailer participating in the beta testing program. Thereafter, memberships in the Beta Testing Program are non-refundable and the membership fee is non-refundable, except as required by applicable law or as expressly provided in these Beta Testing Program Terms. Memberships in the Beta Testing Program expire one year from the date of purchase unless terminated earlier as provided in these Beta Testing Program Terms. Subscriptions to the beta testing program do not automatically renew.
Advantages
The following benefits are available to members of the beta testing program:
- bonus rewards- Members of the Beta Testing Program will receive a total of $40.00 in additional Ace Rewards during their one-year membership period, which will be spent as follows: A $10.00 Reward will be awarded immediately upon membership purchase, and a $10.00 Reward will be awarded $00 in each of the second, third, and fourth quarters of the annual membership period. EITHERAce Rewards® Program Terms and Conditionsgoverns all awards issued in connection with the Beta Testing Program, including the use and expiration of such awards. If you are not eligible to become a member of the Beta Testing Program and you elect to cancel your membership for a refund of your membership fee as described below, you will not receive the Ace Rewards Bonus.
- Free shipping- Members of the Beta Testing Program receive free next business day delivery for goods purchased on the Site, subject to the following requirements and restrictions:
- Free Shipping is subject to Ace's Customer Service Policies regardingsave delivery, excluding the $50 minimum purchase requirement, which does not apply to members of the beta testing program.
- 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 on the date indicated during the checkout process of the purchase on the website.
- Not all merchandise can be shipped from all retailers participating in the beta testing program.
- The order must be placed before 6:00 p.m. Local time on a day when the retailer participating in the beta testing program is open to qualify for next business day delivery.
- Delivery is restricted to the member's residence, which must be within the delivery service area of the local retailer participating in the beta testing program.
- Items must be for the member's personal use and not for business or commercial purposes.
- Some retailers participating in the beta testing program may offer "white glove" delivery, including indoor, up or down stairs, backyard delivery, etc., for an additional fee.
- Orders that require assembly are excluded from next business day delivery.
- Free delivery without assembly and delivery on the same day.
- Ace Neighborhood Toolbox Program- Members of the Beta Testing Program may rent select tools from retailers participating in the Beta Testing Program, subject to the following requirements and restrictions:
- Tool Rental requires an Ace Neighborhood Toolbox Agreement (“Toolbox Agreement”) signed between you and your retailer participating in the Beta Testing Program.
- Tool rental requires a credit or debit card accepted by your participating beta testing retailer and will be processed as a purchase.The reseller participating in the beta testing program will charge your credit or debit card for the purchase price of the rented tools plus applicable taxes. If a tool is returned under the terms of the Toolbox Agreement, the retailer participating in the beta testing program will credit the same credit or debit card for the full purchase price.If a Tool is not returned in accordance with the terms of the Toolbox Agreement, the transaction will be deemed an "AS IS" purchase of a used item with no warranties of any kind and is subject to return and refund at Beta's sole discretion. Participants in the dealer test program.
- Tool selection may vary by location
- Tool rental is subject to availability.
From time to time, Ace, in its sole discretion, may add, remove or change the benefits of the Beta Testing Program. If we significantly reduce the benefits of the beta testing program, we will offer you the opportunity to cancel your membership in the beta testing program and receive a refund of your membership fee.
additional restrictions
Memberships and benefits of the Beta Test Program (i) are for the qualifying Member's personal and household use only; and (ii) may not be sold, shared, rented, assigned, donated or otherwise transferred.
Share your information
To facilitate your participation in the Beta Testing Program, you acknowledge and agree that Ace may share information about you, including personally identifiable information, with retailers that participate in the Beta Testing Program and that retailers that participate in the Beta Testing Program may provide such information to Ace.
Termination of Association; Modification or Cancellation of the Beta Testing Program
You can cancel your subscription 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.
The Beta Testing program may be modified or terminated at any time by Ace in its sole discretion, with or without notice. If we terminate the Beta Testing Program, your membership in the Beta Testing Program will automatically terminate on the effective date of the termination of the program. In addition, Ace may terminate your membership at any time with or without notice. If we terminate your membership or the Beta Testing Program during your membership term, you will receive a refund of your membership fee, unless the termination is due to your breach of, or participation in, these Beta Testing Program Terms or Additional Agreements engage in illegal, fraudulent or otherwise objectionable conduct.
If you purchase a Beta Testing Program membership but are not eligible for the Beta Testing Program at the time of purchase because you do not reside in the delivery service area of a participating Beta Testing Program retailer, you may cancel your membership. for the reimbursement of your membership fee. If you purchase a Beta Testing Program Membership but are no longer eligible for the Beta Testing Program because you have opted out of the delivery service portion of a retailer participating in the Beta Testing during the term of your membership, you may cancel your membership but maintain it no refund of your membership fee. In no event will free delivery benefits be available to you if you reside outside of the delivery service area of a participating retailer.
Communication
Ace may send you emails and/or email notices related to the beta testing program.
Opinion
Ace welcomes your feedback, comments, and suggestions regarding the Beta Testing Program and potential improvements to the Beta Testing Program (collectively, "Feedback"). Ace may freely use this feedback to improve or modify the beta testing program and other Ace products and services. Accordingly, you hereby assign to Ace, without further payment or consideration to you, all rights, including copyright and other intellectual property rights, in and to the Comments. Without limiting the foregoing, you acknowledge and agree that Ace may develop any product or service that incorporates and/or uses Feedback in any manner Ace deems appropriate. You represent and warrant that your Feedback is not subject to any third party restrictions and that you have the right and authority to grant the rights granted herein without infringing any third party rights. You agree that Ace has no obligation to use your Feedback or to maintain the confidentiality of your Feedback.
Disclaimer of Warranties and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BETA TESTING PROGRAM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY OF ACE, ITS SUBSIDIARIES, ITS RETAILERS (INCLUDING RETAILERS PARTICIPATING IN THE BETA TESTING PROGRAM) AND THEIR RESPECTIVE DIRECTORS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR ANY DAMAGES OF ANY KIND, WHATSOEVER, WHATSOEVER, UNDER ANY STATUTORY OR STATUTORY STATUTE LEGAL THEORY, WHETHER IN BREACH OF CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE BETA TESTING PROGRAM, YOUR MEMBERSHIP IN THE BETA TESTING PROGRAM (INCLUDING TERMINATION OF YOUR MEMBERSHIP), OR ANY PROPERTY OR RELATED SERVICE, INCLUDING DIRECT, INDIRECT, ACCIDENTAL THIRD PARTY , PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY, SHALL NOT EXCEED THE FEE PAID TO PURCHASE YOUR SUBSCRIPTION TO THE BETA TESTING PROGRAM.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMER, EXCLUSION, OR LIMITATION MAY NOT APPLY.
Arbitration Agreement
YOU AND ACE AGREE THAT ANY CLAIM OR DISPUTES OR DISPUTES THAT ARISE OR MAY ARISE BETWEEN US RELATED TO THE BETA TESTING PROGRAM SHALL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL AFFECT HOW CLAIMS YOU AND ACE HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Ace agree that any dispute or claim that has arisen or may arise between you and Ace in connection with the Beta Testing Program shall be resolved solely by confidential, final and binding arbitration. YOU WAIVE THE RIGHT TO TRY A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with its rules and procedures, including the AAA's Supplemental Procedures for Consumer Disputes (if any), as modified by this Arbitration Agreement. The AAA Rules and a form for initiating an arbitration are available on the AAA's website at:www.adr.org.
The arbitration will take place in your country of residence or at another mutually agreed location. If the relief amount 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 choice will be binding on the other party, subject to the arbitrator’s discretion if the circumstances justify this, require a one-person listener. Participation in an in-person hearing may be conducted by telephone unless otherwise requested by the arbitrator.
The arbitrator will determine the substance of any claim consistent with the laws of the State of Illinois, including recognized principles of equity, and will honor all privilege claims recognized by law. The arbitrator's award shall be confidential, final and binding, and judgment on the arbitrator's award may be entered in any court having jurisdiction over the matter. Payment of all filing, administration and arbitrator fees is subject to the AAA Rules.
Prohibition of collective and representative actions and non-individualized actions
You and Ace agree that each of us may bring claims against the other only as an individual and not as a plaintiff or class member in any proposed class or representative action or proceeding. Unless you and Ace agree otherwise, the arbitrator may not consolidate or join the claims of more than one person or party and may not preside over any form of consolidated, representative, or class action. In addition, 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 required by that party's individual claims is. Allowances granted may not affect other members of the beta testing program. YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTION.
Several
Governing Law: The laws of the State of Illinois, without regard to its conflict of law rules, shall govern the Beta Testing 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 levied in connection with the Beta Testing Program and the purchase of your Beta Testing Program membership.
Waiver: No delay or failure by Ace to enforce any of these Beta Testing Program Terms will constitute a waiver of our rights under these Program Terms.
Severability: The invalidity or unenforceability of any provision 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 determined to be invalid or unenforceable, these Beta Testing Program Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision were not included therein.
Structure: The headings used in these Beta Testing Program Terms are for convenience only, do not form part of this Agreement and shall not affect the interpretation of any provision of these Beta Testing Program Terms. Any reference to the term "included" means "included without restriction". All currency figures are in US dollars.
Surviving: The Feedback, Disclaimer of Warranties, Limitation of Liability, Agreement to Arbitrate, Prohibition of Class and Representative Actions, and Non-Individual Remedy Provisions and these other provisions shall survive any termination of your membership in the Beta Testing Program or termination of the Beta Testing Program.
Customer service
If you have any questions about the beta testing program or your membership in the beta testing program, please contact Ace Customer Service at 888-827-4223.