Terms & Conditions

These Terms and Conditions of Use (“Terms of Use”) contain disclaimers of warranties, disclaimers of liability, a binding arbitration clause and class action waiver. Please read these provisions (and the rest of these Terms of Use) carefully.
Your use of the Personalize It Shop website confirms your unconditional acceptance of these Terms of Use. If you do not accept these Terms of Use, do not use this website.


General


These Terms of Use govern your access to and use of the personalize.acehardware.com website and online services (“Personalize It Shop”).

These Terms of Use are a legal agreement between you and Lapine Associates, Inc. and its affiliates (collectively, “Lapine”, “we,” “our” or “us”), which operate the Personalize It Shop. Ace Hardware Corporation (“Ace”) Ace is a third-party beneficiary of the Indemnification, Limitations of Liability and Dispute Resolution; Arbitration; Class Action Waiver sections in these Terms of Use.

Lapine - and not Ace - operates the Personalize It Shop and is the merchant of record for the Personalize It Shop. If you have any questions or comments about the Personalize It Shop, you may contact Personalize It@lapineinc.com.

We reserve the right to revise these Terms of Use at any time by updating this posting. By continuing to use the Personalize It Shop after any amendment, you agree to accept any such change.


Products, Pricing, Orders.


The products and services offered on the Personalize It Shop (collectively, the “Products”) and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice. The Personalize It Shop may contain typographical or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without notice. Products included on the Personalize It Shop may be unavailable and/or may have different attributes than those described on the Personalize It Shop.

You agree to ascertain and obey all applicable local, state, federal and international laws in regard to your use of the Personalize It Shop and your possession, use and sale of any Product. By placing an order, you represent that the Products ordered will be used only in a lawful manner. 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.

When making a purchase through the Personalize It Shop, you represent and warrant that: (a) you are at least 18 years of age or the age of majority, where older under local law all information you submit is truthful and accurate; (b) all information you provided during the ordering process is true and accurate; (c) you will not permit third parties to access your account information (d) you are the cardholder of any credit or debit card you provide to us your use of the Personalize It Shop.


Shipping


When an order is placed, it will be shipped to the address designated by you as long as that shipping address is compliant with any applicable shipping restrictions (note that orders can only be shipped to addresses in the United States). For all purchases made on or through the Personalize It Shop, risk of loss and title for items purchased on or through the Personalize It Shop pass from us to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.


Sales / Use Taxes


We may be required to collect sales or use tax for certain purchases. A purchase is not exempt merely because it is made over the Internet or by other remote means. Whether sales or use tax will be collected on a given purchase and the amount of the tax charged depends on a number of factors including whether the seller is subject to a tax collection obligation in that state or region. You may be responsible for any taxes not collected by us. Certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of the applicable taxing authority. The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by you unless you provide us with an exemption certificate acceptable to the taxing authorities.


Copyright, Ownership and Restrictions on Use of Materials


All materials contained on the Personalize It Shop are the copyrighted property of Lapine, Ace and/or our third-party licensors. All trademarks, service marks and trade names, including but not limited to the Ace and Lapine marks, as well as the marks of our suppliers or other third parties, are proprietary to Ace, Lapine or the applicable owner of the mark and are protected by state, federal and international trademark laws.

No materials from the Personalize It Shop may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior express written permission. The content and information posted by us on the Personalize It Shop may be used by you only for informational, personal, or other purposes authorized by us. You may not reverse engineer, decompile, or disassemble the Personalize It Shop, or any other material or technology available in connection with the Personalize It Shop. You agree not to circumvent or attempt to circumvent any security measures associated with the Personalize It Shop; use any robot, spider, scraper or other automated means to access the Personalize It Shop; insert any code or product or manipulate the content of the Personalize It Shop in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Personalize It Shop, including any software viruses or any other computer code, files or programs.

We always appreciate your feedback or other suggestions about the Personalize It Shop, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).


WARRANTY, DISCLAIMERS.


YOUR USE OF THE PERSONALIZE IT SHOP IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) THE PERSONALIZE IT SHOP IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; AND (ii) WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE PERSONALIZE IT SHOP.

PRODUCTS OFFERED ON THE PERSONALIZE IT SHOP ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, IF ANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS OFFERED OR SOLD ON THE PERSONALIZE IT SHOP, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, TYPOGRAPHICAL ERRORS IN CONNECTION WITH PERSONALIZATION, 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 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.


Indemnification


You agree to indemnify, defend, and hold us and our and Ace’s respective officers, directors, owners, employees and agents (collectively, the “Related Parties”) harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to: (a) your inappropriate or unlawful use of the Personalize It Shop; and (b) any alleged breach of these Terms of Use.


Limitation of Liability


UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL WE (INCLUDING OUR RELATED PARTIES) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE PERSONALIZE IT SHOP OR ANY SITES LINKED FROM THE PERSONALIZE IT SHOP, OR THE PRODUCTS AVAILABLE THROUGH THE PERSONALIZE IT SHOP, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO RESPONSIBILITY IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR DEVICE, DATA, OR OTHER PROPERTY DUE TO YOUR USE OF THE PERSONALIZE IT SHOP OR DUE TO YOUR DOWNLOADING OF ANY CONTENT ON THE PERSONALIZE IT SHOP OR ON ANY WEBSITE LINKED TO IT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE EXCLUDE OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON THE PERSONALIZE IT SHOP, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR RETURN POLICY.

IN ANY EVENT, ANY CLAIM AGAINST US SHALL BE LIMITED TO THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.


Dispute Resolution; Arbitration; Class Action Waiver


These Terms of Use will be governed by and construed in accordance with the substantive and procedural laws of the State of Connecticut and are subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. Except as provided in this section, and subject to local law obligations. by using the Personalize It Shop, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

With respect to any and all disputes and claims arising out of or relating in any way to these Terms of Use or the Personalize It Shop (including without limitation the Privacy Policy), we and you agree to negotiate in good faith to achieve a mutually satisfactory resolution. If we and you do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted by binding arbitration under the U.S. Federal Arbitration Act and federal arbitration laws, except as provided in this section.

The arbitration will be done by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, arbitrator, and administration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than US$10,000, unless the arbitrator determines the claims are frivolous. In addition, we will not seek attorney’s fees and costs in arbitration unless it is determined by the arbitrator that the claims are frivolous.

If your claim is worth US$10,000 or less, we agree that you may choose whether arbitration will be conducted by written submissions, telephone, or in person in the county where you live or at another mutually agreed upon location. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA rules. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Compared to lawsuits in court, arbitration is less formal. In arbitration, a neutral arbitrator is used instead of a judge or jury, and court review of the arbitration award is limited. An arbitrator has the ability to award the same relief and damages as a court.

As the sole exception to this arbitration requirement, you may pursue a claim in small claims court provided such claim is within that court’s jurisdiction and provided that you proceed only on an individual basis.

If you choose to commence arbitration or file a small claim court action, you must first send a written notice to us by certified mail requesting arbitration or a small claim court action and describing your claim (“Notice”). Regardless of which party sends the Notice, it should describe the basis of the claim and set forth the specific relief sought. This letter must be addressed to: Lapine Associates, Inc., 15 Commerce Road, Stamford, CT 06902 Attn: CEO. If we initiate arbitration, we will send a written Notice to your email address used to make a purchase through the Personalize It Shop. If we and you do not reach an agreed upon resolution within 30 days of receiving notice, we or you have the right to begin an arbitration proceeding or file a claim in small claims court. A form Notice to initiate arbitration can be copied or downloaded at www.adr.org.

For timeliness purposes, we and you agree to begin any arbitration or claim in small claims court within one year after a claim arises; otherwise, the claim is waived.

We and you also agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither we nor you will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. We both also expressly waive the right to a trial by jury.

To the extent arbitration is not applicable, we and you agree to submit to the exclusive jurisdiction of the state and federal courts (as applicable) located in Fairfield County of the State of Connecticut. You agree that we may bring suit in a court of competent jurisdiction in Connecticut to enjoin infringement or other misuse of intellectual property rights.



Privacy Policy


Collection of any personal information on the Personalize It Shop is subject to the Lapine Personalize It Shop Privacy Policy.


Links and Other Websites


The Personalize It Shop may contain links to other websites as a convenience to you. We do not control or monitor these websites, their content or their rules. Any link to other websites shall not be intended in any way as activity by us to promote these websites and/or the contents published therein.


Severability


If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law - including, but not limited to, the warranty disclaimers, liability limitations and binding arbitration provisions set forth above - then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the agreement will continue in effect.

Help

Need Help?

Personalize It With Ace is managed by Lapine Associates.