Ace Hardware Home Services

Heating and Air Conditioning Contractor in Dayton, Ohio

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Terms Of Use

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Terms of Use

Last Updated December 05, 2023

Ace Hardware Home Services, Inc. (collectively, "Ace Hardware Home Services", "we", "us", or “our”) a subsidiary of Ace Hardware Corporation is pleased to offer you our website and other online services that may link to these Terms of Use or on which these Terms of Use appear, as well as the content, features, and software available on them (collectively, the "Online Services"). These Terms of Use form an agreement between Ace Hardware Home Services and you and set forth the terms and conditions upon which we make the Online Services available to you. You must be 18 years of age or older to use the Online Services.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ONLINE SERVICES. THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON DETMER AND SONS’ LIABILITY. YOUR USE OF THE ONLINE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND ALL POLICIES, TERMS, AND CONDITIONS STATED OR INCORPORATED BY REFERENCE IN THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, YOU ARE PROHIBITED FROM, AND MUST IMMEDIATELY CEASE, ACCESSING OR USING THE ONLINE SERVICES.

We reserve the right to modify these Terms of Use at any time, at our sole discretion, and without prior notice to you. It is your responsibility to check regularly for modifications to these Terms of Use. See the section below on Modification of Terms of Use for additional information.

  1. Privacy
  2. Modification of Terms of Use
  3. Modification of Cancellation of Online Services
  4. Service Information and Other Information
  5. Intellectual Property and Ownership; License
  6. Third-Party Links
  7. Prohibited Conduct
  8. Digital Millennium Copyright Act Notice Policy
  9. Warranty; Disclaimers
  10. Limitations of Liability
  11. Dispute Resolution; Arbitration; Prohibition of Class Actions
  12. Choice of Law
  13. Indemnity
  14. Miscellaneous

 

  1. Privacy. Ace Hardware Home Services’ Privacy Policy applies to your use of the Online Services and is incorporated by reference into these Terms of Use.
  2. Modification of Terms of Use. We may revise these Terms of Use from time to time without prior notice. Revised versions of these Terms of Use will be posted on this page, together with an updated effective date. You should check this page regularly to see if any recent changes to these Terms of Use have occurred. In some cases, we may post a notice of the revision on the Online Services and/or send an email or other communication notifying users of the changes. By accessing or using any of our Online Services after we post a revised version of the Terms of Use, you agree to the Terms of Use as modified.
  3. Modification of Cancellation of Online Services. We reserve the right at any time, with or without notice, to modify or terminate the Online Services or any portion thereof.
  4. Service Information and Other Information. Ace Hardware Home Services attempts to ensure that information regarding its services is complete, accurate and current. Despite our efforts, such service information, and other information on the Online Services, may occasionally be inaccurate, incomplete, or out of date. We make no representation regarding the completeness, accuracy, timeliness, usefulness or other attributes of such information, and any reliance you place on such information is strictly at your own risk.

Our services are offered subject to our acceptance of your booking request. We reserve the right to refuse service to any request, person or entity, without the obligation to assign reason for doing so.

  1. Intellectual Property and Ownership; License. The Online Services and its design, contents, features and functionality, and all proprietary and intellectual property rights in the foregoing, are owned or controlled by Ace Hardware Corporation, its licensors, or other providers of such material, are protected by copyright, trademark and other laws, and may not be copied or used (including in "meta-tags" or "hidden text") except as permitted in these Terms of Use or with the prior written permission of the owner of such material. Conditioned upon your continued compliance with these Terms of Use, Ace Hardware Corporation grants you a limited, revocable, non-exclusive license to temporarily access, use and display on your device the Online Services solely for your non-commercial personal use and for no other purpose. We reserve all rights in and to the Online Services not expressly granted to you under these Terms of Use. Without limiting the generality of the foregoing, certain trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of Ace Hardware Corporation. Other trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Online Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Online Services without the written permission of Ace Hardware Corporation or such third-party owner, as applicable. You may not reproduce or modify the Online Services or the contents of the Online Services in any way or publicly display, perform, or distribute or otherwise use the Online Services of any such content for any public or commercial purpose. You may not use the Online Services if you are the subject of sanctions under U.S. law. This license will automatically terminate if you violate any provision of these Terms of Use. Ace Hardware Corporation may terminate this license at any time for any reason or no reason, with or without notice to you.
  2. Third-Party Links. From time to time, the Online Services may contain links to websites, applications, platforms or services that are not owned, operated or controlled by Ace Hardware Home Services (collectively the "Third-Party Services"). If you use links to Third-Party Services, you will leave the Online Services. ALL SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND YOUR USE OF THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK. Ace Hardware Home Services is not responsible for and does not endorse or guarantee any Third-Party Services, or any products, services, content, or other information available on any Third-Party Services.
  3. Prohibited Conduct. You agree to use the Online Services in compliance with these Terms of Use and all applicable laws, regulations and rules. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You also agree in relation to the Online Services not to: (i) access or attempt to access any information or material by working around any technical features that limit your use of or access to the Online Services; (ii) disrupt or interfere with the proper functioning or security of the Online Services or otherwise cause harm to the Online Services or any equipment or networks; (iii) infringe any intellectual property rights or proprietary rights; (iv) post or otherwise submit any harmful or disruptive software or files, including viruses, spyware and ransomware; (v) interfere with or inhibit any other user from using and enjoying the Online Services; (vi) violate any applicable laws or regulations; (vii) use any robot, spider, or other programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Online Services or otherwise monitor or copy any portion of the Online Services; (viii) prepare, compile, scrape, harvest, download or otherwise use or copy any information from the Online Services, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third-party; (ix) transmit spam or other unsolicited or bulk communications; (x) create or use a false identity or contact information for the purpose of misleading Ace Hardware Home Services or others; (xi) violate the rights (including rights of privacy and publicity) of any person or abuse, defame, harass, stalk or threaten another; or (xii) conduct a denial of service attack or distributed denial of service attack. In addition to any remedies that Ace Hardware Home Services may have at law or in equity, if Ace Hardware Home Services reasonably determines that you have violated or are likely to violate the foregoing prohibitions or other provisions of these Terms of Use, Ace Hardware Home Services may take any action we deem necessary or advisable to cure, prevent or address the violation, including referral to law enforcement authorities. Ace Hardware Home Services will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Ace Hardware Home Services to disclose the identity of anyone violating the foregoing prohibitions or other provisions of these Terms of Use.
  4. Digital Millennium Copyright Act Notice Policy. Ace Hardware Home Services respects the intellectual property rights of others and asks you to do the same. We comply with the copyright notice and takedown procedures set forth in the Digital Millennium Copyright Act ("DMCA"). It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Online Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Online Services where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Ace Hardware Home Services’ designated agent for notice of copyright infringement is:

General Counsel

Ace Hardware Corporation

2915 Jorie Boulevard

Oak Brook, IL 60523

Phone: 630-990-6600

Email: copyright@acehardware.com

 

This email address should only be used to report allegations of copyright infringement. Any other communications should be directed to Ace Hardware Home Services’ service number. Ace Hardware Home Services reserves the right to disregard a notice that fails to comply with the DMCA. In the event that Ace Hardware Home Services determines that a DMCA notice lacks validity, Ace Hardware Home Services may refuse to remove the complained of content at its discretion. Election by Ace Hardware Home Services to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim. Ace Hardware Home Services may share DMCA notices and counter-notices submitted to us, including your contact information, with others.  By submitting such notices, you agree you have no expectation of privacy with respect to your submission.

  1. WARRANTY; DISCLAIMERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) DETMER AND SONS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ONLINE SERVICES (ii) THE ONLINE SERVICES ARE PROVIDED "AS IS" “WITH ALL FAULTS” AND “AS AVAILABLE”; and (iii) DETMER AND SONS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE OUT OF DATE AND DETMER AND SONS DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE ONLINE SERVICES. DETMER AND SONS DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

  1. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) DETMER AND SONS ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICES OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR USE OF, ACCESS TO, OR BROWSING THE ONLINE SERVICES OR YOUR DOWNLOADING, INSTALLATION, OR USE OF ANY SOFTWARE, CONTENT, OR MATERIALS FROM THE ONLINE SERVICES; (ii) IN NO EVENT WILL DETMER AND SONS AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, SERVICES OFFERED ON THE ONLINE SERVICES, OR ANY WEBSITE, ONLINE OR DIGITAL SITE OR SERVICE LINKED TO OR FROM THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

  1. Dispute Resolution; Arbitration; Prohibition of Class Actions. This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and Ace Hardware Home Services each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.

YOU AND DETMER AND SONS AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE ONLINE SERVICES OR ANY SERVICES OFFERED ON THE ONLINE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND DETMER AND SONS HAVE AGAINST EACH OTHER ARE RESOLVED. You and Ace Hardware Home Services agree that any and all disputes or claims that have arisen or may arise between you and Ace Hardware Home Services in connection with the Online Services shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules and a form for initiating arbitration proceedings are available on the AAA's website at: www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Ace Hardware Home Services may elect to have the arbitration conducted by telephone and/or video conference 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 and/or video conference unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and Ace Hardware Home Services 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 Hardware Home Services 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 any other person or party. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

  1. Choice of Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws. For any disputes not subject to binding arbitration that arise out of or in connection with these Terms of Use, you and Ace Hardware Home Services hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Illinois.
  2. Indemnity. You agree to indemnify and hold harmless Ace Hardware Home Services, its affiliates, and their officers, directors, members, employees, and agents (collectively, the " Ace Hardware Home Services Indemnitees"), from and against any claims, demands, liabilities, losses or expenses, including attorneys’ fees, made against or incurred by the Ace Hardware Home Services Indemnitees arising out of or in connection with your breach of the Terms of Use, your violation of law or the rights of Ace Hardware Home Services or any third-party, or your use of the Online Services.
  3. Miscellaneous. No delay or failure by Ace Hardware Home Services to enforce any of these Terms of Use shall be a waiver of any of our rights under these Terms of Use. The invalidity or unenforceability of any provision(s) of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Headings and captions are for convenience only and do not affect the interpretation of any of the provisions of these Terms of Use. Any reference to the term "including" means "including, without limitation." You may not use or export the Online Services, or any portion thereof, in violation of applicable law, including U.S. laws and regulations related to exports.