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Last Updated May 06, 2015
Ace Hardware Corporation, its subsidiaries, and affiliates (collectively, "ACE") are pleased to offer you our consumer-facing websites, mobile sites, mobile applications, and other digital and online services that link to these Terms
and Conditions or on which these Terms and Conditions appear, as well as the content, features, and software available on them (collectively, the "Online Services"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE
ONLINE SERVICES. YOUR USE OF THE ONLINE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
GSI Commerce Solutions, Inc., an eBay company, ("GSI") operates the acehardware.com website pursuant to agreements with ACE (ACE and GSI, collectively, "We" or "Us").
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Additional Terms and Conditions. ACE's Privacy Policy, which can be found here, applies to your use of the Online Services. Additional policies, guidelines, and terms and conditions may apply to certain content,
features, products, and services available on or through the Online Services, including contests and sweepstakes, Ace gift cards, and the Ace Rewards loyalty program. The terms of the Ace Privacy Policy and such other
policies, guidelines, and terms and conditions are made part of these Terms and Conditions by this reference.
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Products, Pricing, Content and Specifications. The ACE products and services described or depicted on the Online Services (collectively, the "Products") and the features, contents, specifications, and prices of the Products are subject to change at any time without notice. Pricing for Products may be different on the Online Services from prices available in Ace Hardware stores. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on your mobile device, computer system, monitor, and/or other display, and we cannot guarantee that colors will be accurately displayed. The inclusion of any Products in the Online Services at a particular time does not imply or warrant that these Products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Product purchased from ACE using the Online Services. By placing an order, you represent that the Products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
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Shipping, Delivery and Store Pickup Limitations.
When an order is placed using the Online Services, you have the following options:
Ship by Carrier
You may have the Product(s) shipped by carrier to an address designated by you, as long as that shipping address is compliant with our applicable shipping restrictions, as set forth in the Online Services. Products purchased from ACE using the Online Services and designated for shipment by carrier are made pursuant to a shipment contract. As a result, risk of loss and title for such Products pass to you upon delivery of the items to the carrier.
Store Pickup
Subject to the store pickup limitations and restrictions described in the Online Services, you may pick up the Product(s) at a participating local Ace Hardware store, as indicated in the Online Services. Products purchased from ACE using the Online Services and designated for store pickup are made subject to Ace's store pickup limitations and restrictions as described in the Online Services. As a result, risk of loss and title for such Products pass to you when you pick up the Products from the designated participating Ace Hardware store.
Same Day Delivery
Subject to the same day delivery limitations and restrictions described in the Online Services, you may have the Product(s) delivered by a participating local Ace Hardware store associate to an address designated by you, as long as that delivery address is compliant with our applicable same day delivery restrictions, as set forth in the Online Services. Products purchased from a local Ace Hardware store using the Online Services for same day delivery are made subject to Ace's same day delivery limitations and restrictions as described in the Online Services. As a result, risk of loss and title for such Products pass to you upon the local Ace Hardware store associate's delivery of the items to you at the designated delivery address. You must be present in order to accept and sign for the delivery. The local Ace Hardware store associate will make one delivery attempt.
You are responsible for filing any claims with carriers or the local Ace Hardware store providing the Products or delivery services for damaged and/or lost shipments and deliveries. Ace and each local Ace Hardware store providing Products or delivery services reserve the right to cancel any order for any reason.
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Accuracy of Information. ACE attempts to ensure that information regarding the Products is complete, accurate and current. Despite ACE's efforts, such information may occasionally be inaccurate,
incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any such information. For example, Products may be unavailable, may have different attributes than those listed, or may actually carry
a different price than that stated on the Online Services. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order
confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to cancel any order at any time, and/or to
refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
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Use of the Online Services. The Online Services design and all text, graphics, information, content, software, and other material displayed on or that can be downloaded from the Online Services are either the property of, or used with permission
by, ACE or GSI and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information
or materials located on the Online Services in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials
may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such
information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
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Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Online Services are registered and unregistered trademarks, trade names and service marks of ACE or GSI or their respective affiliates. Other trademarks,
trade names and service marks used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Online Services grants or should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Online Services without the written permission of ACE, GSI, or such third party owner, as applicable.
VELCRO® is a registered trademark of Velcro Industries B.V.
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Linking to the Online Services. Creating or maintaining any link from another website, application, or online or digital site or service to the Online Services without our prior written permission is prohibited. Running or displaying the Online Services or any material displayed on the Online Services in frames or through similar means on another website, application, or online or digital site or service without our prior written permission is prohibited. Any permitted links to the Online Services must comply will all applicable laws, rule and regulations.
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Third Party Links. From time to time, the Online Services may contain links to websites, applications, or online or digital sites or services that are not owned, operated or controlled by ACE, GSI, or their affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Online Services. Neither ACE, GSI, nor any of their affiliates are responsible for any content, materials or other information located on or accessible from any other website, application, or online or digital site or service. Neither ACE, GSI, nor any of their affiliates endorse, guarantee, or make any representations or warranties regarding any other website, application, or online or digital site or service, or any content, materials or other information located or accessible from such websites, applications, or online or digital sites or services, or the results that you may obtain from using such websites, applications, or online or digital sites or services. If you decide to access any other website, application, or online or digital site or service linked to or from the Online Services, you do so entirely at your own risk.
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Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a
criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that ACE and/or GSI may have at law or in equity, if ACE and/or GSI reasonably determines that you have violated or are likely to violate the
foregoing prohibitions, ACE and/or GSI may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Online Services of the related materials. ACE and GSI will fully
cooperate with any law enforcement authorities or court order or subpoena requesting or directing ACE or GSI to disclose the identity of anyone posting such materials.
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User Information. Other than personally identifiable information, which is subject to ACE's
Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications you transmit,
upload, or post to or through the Online Services in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. ACE, its affiliates, and/or their designees may use any or all User Communications for any purpose
whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are
not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or
not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material We deem inappropriate or unacceptable.
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Digital Millennium Copyright Act Notice Policy. ACE and GSI respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those
who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Online Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following
information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or
other specific location on the Sites where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Ace Hardware's designated agent for notice of copyright infringement is: General Counsel Ace Hardware Corporation 2200 Kensington Court, Oak Brook, IL 60523 (630)990-2780 (630)990-6856 (fax)
Email: copyright@acehardware.com
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DISCLAIMERS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR RISK. THE ONLINE SERVICES AND THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE ONLINE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ACE, GSI, NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE ONLINE SERVICES.
THE MATERIALS AND SERVICES ON OR THROUGH THE ONLINE SERVICES MAY BE OUT OF DATE, AND NEITHER ACE, GSI, NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE ONLINE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ACE, GSI, AND THEIR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE ONLINE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, ACE, GSI, AND THEIR AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT
SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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LIMITATIONS OF LIABILITY. Neither ACE, GSI, nor their affiliates assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication
equipment, mobile devices or other property caused by or arising from your downloading, installation, or use of, access to, or browsing the Online Services or your downloading, installation, or use of any software, content, or materials from the
Online Services. IN NO EVENT WILL ACE, GSI, THEIR RESPECTIVE AFFILIATES AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AND RETAIL PARTNERS OF EACH, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION
OR TRANSMISSION OF THE ONLINE SERVICES, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, ANY WEBSITE, APPLICATION, OR ONLINE OR DIGITAL SITE OR SERVICE LINKED TO THE ONLINE SERVICES, OR THE MATERIALS, SOFTWARE, INFORMATION OR SERVICES CONTAINED ON OR
AVAILABLE AT ANY OR ALL SUCH WEBSITES, APPLICATIONS, OR ONLINE OR DIGITAL SITES OR SERVICES , WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS
OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE
SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR THE RETURNS AND REFUNDS POLICIES AVAILABLE IN OUR CUSTOMER SERVICE SECTION.
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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.
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Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the
then current Terms and Conditions because they are binding on you.
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Choice of Law; Jurisdiction. Except as otherwise expressly provided herein, these Terms and Conditions supersede any other agreement between you and ACE and/or GSI to the extent necessary to resolve
any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action
seeking legal or equitable relief arising out of or relating to the Online Services shall be brought only in the courts of the Commonwealth of Pennsylvania or the United States District Court of Pennsylvania. A printed version of these Terms and
Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and
maintained in printed form.
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Termination. You or we may suspend or terminate your account or your use of the Online Services at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Online Services at any time without notice.
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Additional Assistance. If you have any questions or comments, we invite you to call ACE's customer service department at 1-866-290-5334.
Licensed Under U.S. Patent No. 6,594,641 which is owned by Reshare Commerce LLC
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