TERMS OF USE

Last Updated September 26, 2024

Imperial Wallboard Supply, its subsidiaries, and affiliates (collectively, "Imperial Wallboard Supply

" or "we" or "us") are pleased to offer you our websites, mobile applications, and other online, digital, and mobile services, applications, platforms, and tools that 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

Imperial Wallboard Supply 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 ACE'S 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 AND ADDITIONAL TERMS, 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.

Note for Non-U.S. Visitors: The Online Services and the products and services offered on the Online Services are intended only for residents of the fifty (50) United States and the District of Columbia and are not directed to individuals residing outside the United States. IWS makes no claims that the Online Services are appropriate or legal outside of the United States. If you reside outside the United States, do not access or use the Online Services.

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1.)Privacy. Imperial Wallboard Supplies Privacy Policy applies to your use of the Online Services and is incorporated by reference into these Terms of Use. Please review our Privacy Policy to learn more about Ace's collection, use, and sharing of your information, including communications from Ace and your choices regarding communications.

2.) Additional Terms. Additional policies, guidelines, FAQs, rules, click-through agreements, and other terms and conditions may apply to certain portions of the Online Services or certain content, features, products, and services available on the Online Services (collectively, "Additional Terms"). These Additional Terms include, without limitation:

The Additional Terms, which are made part of these Terms of Use by this reference, are intended to supplement, not replace, these Terms of Use. However, to the extent of any conflict between any applicable Additional Terms and these Terms of Use, the Additional Terms will prevail. The Additional Terms may be modified from time to time. Modified versions of the Additional Terms shall be effective immediately upon posting.

3.)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 downloading, installing, 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.

4.)Modification or 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.

5.) Accounts; Security. Some portions of the Online Services may permit or require you to create or maintain an account. You agree to provide accurate and complete information when you create an account and promptly update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account username and password ("Account Credentials") and for restricting access to such information and to your computer or device. Accounts may be created only by the individual that is the subject of the account and may not be transferred. You may not permit others to use your account and you may not use anyone else's account at any tim

e. NEVERTHELESS, YOU ARE RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, AND WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT OR USING YOUR ACCOUNT CREDENTIALS

. You agree to immediately notify us if your Account Credentials are compromised or of any unauthorized use of your account or any other breach of security. IWS shall not be liable for any damages resulting from any compromise of the confidentiality of your Account Credentials or any unauthorized access to your account or use of your Account Credentials. Please see our Customer Service
policies for additional information on opening and managing your account. Please note that your online account is separate from your IWS Rewards account, but you may choose to link the two accounts to earn Points and redeem Rewards for purchases on the Online Services.

6.) Account Termination and Suspension.
You may terminate your account by contacting Ace's customer care department by phone at 888-827-4223 or via the
Contact Us Form. Ace may suspend or terminate your account and/or your use of the Online Services at any time for any reason with or without notice to you and without liability to you. In addition, Ace may take any and all actions we deem necessary or reasonable to help ensure the security and integrity of the Online Services and your account. You will remain liable for any orders that you place or charges that you incur prior to termination or suspension.

7. Business Accounts.
The Online Services accounts are intended for personal, household use by consumers and may not be used by businesses or other entities or for commercial purposes except through a business account, which may be subject to additional terms and conditions. The Online Services may not be used to order Products (as defined below) for resale except through a business account, and IWS does not permit the Online Services to be used by resellers as a drop ship supplier. Without limiting the generality of the foregoing, resellers of Products are prohibited from (i) using the Online Services to ship or deliver Products to their customers, (ii) having their customers pick up Products at an IWS Hardware store; and (iii) using the IWS name, logo, and trademarks in any manner in connection with reseller's business, including failure to remove materials referencing IWS, such as packing slips, prior to shipping Products to customers. For information on Business Accounts and purchasing options available to resellers, please visit our
Business Accounts page.

8. Purchases and Payment.

The products and services offered on the Online Services (collectively, the "Products") and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice. Except as otherwise noted in these Terms of Use, IWS is the merchant of record for the Products you purchase on the Online Services. Although the Online Services may display advertisements by, and links to websites maintained by, independently owned and operated IWS stores, IWS is not responsible for the contents of such advertisements and/or websites and IWS is not the seller or merchant of record for any products or services offered on such websites.

You agree to ascertain and obey all local, state, federal and international laws (including minimum age requirements) applicable to the purchase, possession, use and sale of any Product. By placing an order, you represent that the Products ordered will be purchased and used only in a lawful manner.

The inclusion of a Product on the Online Services does not imply or warrant that the Product is or will be available at any time. Product availability and pricing vary and are determined by your location, as derived from your IP address or a location that you provide, or by the advertisement or marketing channel that directed you to the Online Services. In addition, pricing for Products offered on the Online Services may differ from prices available Imperial Wallboard Supply stores. All references to currency are stated in United States dollars.

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 reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order.

By placing an order for Products on the Online Services, you agree to pay all Product prices, together with all applicable fees, charges, and taxes as displayed during the checkout process, including fees for delivery, assembly, and haul away, service fees, shipping and handling charges, and government mandated fees (such as delivery surcharges). You represent and warrant that you are the holder of and have the right to use the credit card, debit card, or other payment method you provide to us. IWS reserves the right to change payment terms and methods at any time without notice to you. We may, in our sole discretion, offer refunds or credits on case-by-case basis and in accordance with our

30 Day Return Policy.

Store Pickup

If store pickup is available, you may pick up the Product(s) at a participating local Ace Hardware store, as indicated in the Online Services. Risk of loss for and title to such Products will pass to you when you pick up the Products from the designated participating Ace Hardware store. For more information on store pickup, please review our.

Delivery from Store

If delivery is available, you may have the Product(s) delivered by a participating local IWS store to an address designated by you, as long as the delivery address is compliant with our applicable delivery from store restrictions and the Product is delivered to you at your address or to a bona fide gift recipient at their address. Additional service fees may apply to the delivery of some Products, including bulky items. If you don't reside in a participating store's delivery area, extended delivery areas may be available for select eligible Products. If you reside in a participating IWS store's extended delivery area and order an eligible Product, the store may elect to deliver non-eligible Products included in the same order. However, if you remove the eligible Product from your cart or cancel your order of the eligible Product, delivery from store will no longer be available and you will need to select another available option. Risk of loss for and title to Products delivered from store will pass to you upon the local Ace Hardware store's delivery of the items to the designated delivery address. The local IWS store providing the delivery services is the merchant of record for such services and you must file any claims related to the delivery services, including claims for damaged and/or lost deliveries, directly with the store. IWS IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, DELIVERY SERVICES. For more information delivery from store, please review our.

10. Promotions.
From time to time, IWS may offer promotional codes, discounts, offers, sweepstakes, contests, and other promotional offers (collectively, "Promotions"). See the rules or terms of each Promotion for applicable limitations, restrictions, expiration dates and other terms. IWS reserves the right to change or cancel a Promotion at any time for any reason without notice. Except as expressly permitted by the terms or rules applicable to a specific Promotion, Promotions may not be copied or transferred. Promotions may not be sold and are not redeemable for cash.

11. Product Information and Other Information.

Imperial Wallboard Supply

attempts to ensure that information on the Online Services, including information regarding Products, is accurate. Despite our efforts, Product information and other information on the Online Services may be inaccurate, incomplete, or out of date. We make no representation regarding the completeness, accuracy, timeliness, usefulness, reliability, or other attributes of such information, and any reliance you place on such information is strictly at your own risk. For example, Products may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Online Services. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Product colors may vary, and we do not guarantee that colors will be accurately displayed. If a Product fails to conform to its description on the Online Services, your sole remedy is to return it as set forth in our 30 Day Return Policy.

The Online Services may include content provided by manufacturers, licensors, influencers, aggregators, users, and other third parties. All statements and opinions expressed by such third parties are the opinions of such third parties and do not necessarily reflect the opinion of

Imperial Wallboard Supply

.

Imperial Wallboard Supply

is not liable to you or any third-party for such content. Please see the User Generated Content section below for additional terms related to user content..

12. Intellectual Property and Ownership; License.

The Online Services, the design, contents, features, and functionality of the Online Services, and all proprietary and intellectual property rights in the foregoing, are owned or controlled by

Imperial Wallboard Supply

, its licensors, or other providers of such material. They 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,

Imperial Wallboard Supply

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

Imperial Wallboard Supply

. 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

Imperial Wallboard Supply

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, distribute, or otherwise use the Online Services or 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.

Imperial Wallboard Supply

may terminate this license at any time for any reason or no reason, with or without notice to you.

Imperial Wallboard Supply's

mobile applications are subject to the additional license terms and conditions set forth in the Mobile Applications section below.

13. 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 IWS (collectively the "Third-Party Services"). If you use links to Third-Party Services, including links to websites operated by IWS stores, 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 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.

14. 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

Imperial Wallboard Supply

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 Imperial Wallboard Supply may have at law or in equity, if

Imperial Wallboard Supply reasonably determines that you have violated or are likely to violate the foregoing prohibitions, or other provisions of these Terms of Use,

Imperial Wallboard Supply may take any action it deems necessary or advisable to cure, prevent, or address the violation, including referral to law enforcement authorities.

Imperial Wallboard Supply will fully cooperate with any law enforcement authorities or court orders or subpoenas requesting or directing Imperial Wallboard Supply to disclose the identity of anyone violating the foregoing prohibitions or other provisions of these Terms of Use.

15. User Generated Content. The Online Services may offer opportunities to post ratings, reviews, comments, photos, and other content (collectively, "User Generated Content"). Your User Generated Content must be truthful and accurate and must not be illegal or violate these Terms of Use (including the provisions regarding Prohibited Conduct). Your User Generated Content must not be obscene, vulgar, or otherwise injurious or objectionable. In addition, your User Generated Content must not contain political campaigning, commercial solicitation, URLs, or any form of contact information. You may not mislead others as to the origin of any User Generated Content. Please remember that your User Generated Content may be publicly available, and we are under no obligation to treat it as confidential.

You must disclose in your User Generated Content (i) if Imperial Wallboard Supply or our representatives provided you with a product, prize, compensation, or anything of value, or (ii) if you are an Imperial Wallboard Supply employee or supplier or are otherwise connected to Imperial Wallboard Supply. Any opinions, advice, or statements contained in User Generated Content are those of the respective authors, not Imperial Wallboard Supply, and Imperial Wallboard Supply is not responsible or liable for User Generated Content posted by you or any other user. You are solely responsible and liable for your User Generated Content. We shall have no obligation to use, return, review, or respond to any User Generated Content. We have the right, but not the obligation, to monitor, edit, post, not post, and/or remove any User Generated Content for any reason in our sole discretion. Imperial Wallboard Supply reserves the right to disclose your identity and other information about you to any third-party who claims your User Generated Content infringes their intellectual property rights or violates their right to privacy.

You hereby grant Imperial Wallboard Supply a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display, and otherwise exploit your User Generated Content throughout the world in any media or format, now known or hereafter devised, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any third-party. You hereby grant Imperial Wallboard Supply, and any party authorized by Imperial Wallboard Supply, the right to use the screen name or other name that you submit in connection with such User Generated Content, if we or they choose. You represent and warrant (i) that you own or otherwise control all rights in and to your User Generated Content and have all permissions necessary to grant the above licenses; and (ii) that your User Generated Content does not violate these Terms of Use.

16. Idea Submissions. Unless expressly invited in writing by Imperial Wallboard Supply (for example, in order to participate in a contest), you agree not to submit any suggestions, ideas, concepts, know-how, techniques, or methods for new, proposed, or improved services, products, or processes ("Submissions") through the Online Services. However, should you do so, you hereby grant Imperial Wallboard Supply, its affiliates, and/or their designees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, sublicensable, royalty-free license to use such Submissions in any manner and for any purpose whatsoever, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, merchandising, and/or marketing.

17. Digital Millennium Copyright Act Notice Policy. Imperial Wallboard Supply 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;

(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.

18. WARRANTY; DISCLAIMERS.

Certain Products offered for sale on the Online Services may be covered by a manufacturer's warranty. Please see the manufacturer's product documentation for warranty availability and details.

Imperial Wallboard Supply

, as a retailer, does not offer a warranty on Products.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i)

IMPERIAL WALLBOARD SUPPLY

HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE ONLINE SERVICES AND THE PRODUCTS AND SERVICES OFFERED OR SOLD ON THE ONLINE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; (ii) THE ONLINE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE"; and (iii)

IMPERIAL WALLBOARD SUPPLY

DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE OUT OF DATE AND

IMPERIAL WALLBOARD SUPPLY

DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE ONLINE SERVICES. PRODUCTS AND SERVICES OFFERED ON THE ONLINE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, IF ANY.

IMPERIAL WALLBOARD SUPPLY

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.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,

IMPERIAL WALLBOARD SUPPLY

HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT 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.

IMPERIAL WALLBOARD SUPPLY

DOES NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

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

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