General Conditions of Use Applicable to All Users

These Terms of Use (the “Terms of Use”) contain important information about Carmel Ace Hardware, Inc. d/b/a White’s Ace Hardware at Carmel, Geist Ace Hardware, Inc. d/b/a White’s Ace Hardware at Geist, and White’s Ace Hardware Fishers, Inc. (collectively, “White’s Ace”, “We”, “Us” or “Our”), the White’s Ace website (Whitesacehardware.com) (the “Website”), and the services and products provided through the Website (collectively with the Website, the “Services”), and governs the relationship between you (“You” or “Your”) and White’s Ace as it relates to Your use of the Website, Services and products provided through the Website and participation in the functionality available through the Website, including but not limited to, listing of and/or hiring of contractor referrals (“Service Professional(s)”).  These Terms of Use contain important information and disclosures about appropriate conduct on the Website and how White’s Ace may use information provided by You to White’s Ace through the Website, Services or otherwise.  White’s Ace offers this Website, including all information, tools and services available from this Website to You, conditioned upon Your acceptance of all terms, conditions, policies and notices stated in these Terms of Use.  By using this Website and/or the Services, You signify Your agreement to these Terms of Use.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE WEBSITE OR THE SERVICES OR PRODUCTS OFFERED THEREFROM.

 

1. You must be 18 years of age or of the age of majority in Your jurisdiction in order to make a purchase on Our Website. If You are under 18 years of age or the of age of majority in Your jurisdiction, then You may not make a purchase on Our Website.  If You are under 18 years of age, You may not provide personal information to Us, make a purchase on the Website nor register on the Website. This Website is not directed to children, nor do We knowingly collect information from, children.  By accessing or using the Website, You are acknowledging that You have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use.  We may, in Our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.  You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to You and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

2. The products displayed on the Website can be ordered and delivered only within the U.S.  All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.  We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or Services to be provided to You that we believe, in our sole discretion, may result in the violation of our Terms of Use.
3. Non-application of General Data Protection Regulation. We do not knowingly offer, solicit, market and/or otherwise conduct business with the European Union (the “EU”) nor with any citizen of the EU.  Additionally, We do not knowingly collect, use and/or disclose personal technical or personal data from the EU nor from any citizen of the EU.  As such, any and all provisions of the General Data Protection Regulation (the “GDPR”) shall not apply for purposes of these Terms of Use.

4. No Guarantees or Endorsements of Service Professionals. We do not endorse and are not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Professional listed on Our Website. Your dealings with, or participation in promotions of any Service Professional, and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Professional exclusively and do not involve White’s Ace in any manner. Although We take certain initial steps to examine the credentials of the Service Professionals, as applicable, that are listed on Our Website or whom You may hire upon review of Our Website, We make no guarantees, warranties or representations of any kind whatsoever regarding the skills or undertakings of such Service Professional or the quality of the job that he, she, it or they may perform for You if You elect to retain their services.  We do not endorse or recommend the services of any particular Service Professional. We do not independently verify any particular Service Professionals’ representations about their services, nor validate any reviews.  It is Your sole responsibility to evaluate the Service Professionals and the Service Professionals’ qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professionals’ performance on the job or the outcome or quality of the services performed. Neither You nor any Service Professionals are employees, principles, agents, contractors, subcontractors and/or independent contractors of White’s Ace, nor is White’s Ace an employer, principal, agent, contractor, subcontractor and/or independent contractor of You or any Service Professional. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging any Service Professionals.

 

5. Service Professional Pre-screening Procedures. Notwithstanding anything contained in Paragraph 4 of these Terms of Use to the contrary, We use the following limited criteria as part of Our referral process for new Service Professionals.  We perform the below screening only at the time of the Service Professionals’ enrollment:
6. Licensing. We confirm that a prospective new Service Professional has any applicable required state-level trade licensing for the services for which such Service Professional states that they provide, but only if such licensing is required for such Service Professional’s profession. For example, if a particular Service Professional’s profession does not require licensing, We make no representation that such Service Professional is duly licensed.  Further, You agree that We have no responsibility to verify any applicable licensing which may be required for any Service Professional. Licensing may be required by the county or local authority in which the work is being performed, which Ace does not verify for any Service Professional. We recommend that You confirm these licensing requirements with the Service Professional before proceeding with Your project.  Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend that You verify that all the sub-contractors doing work on Your project carry the appropriate licensing.  We always recommend that You ask the business to provide You with a copy of their license.
7. State Business Filings. For Service Professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located and is in good standing with such state (as more particularly defined in such state).

1. Bonding/Insurance. We confirm that a prospective new Service Professional has current, general liability insurance coverage and that such Service Professional is duly bonded for the services which such Service Professional states that they provide.

 

DISCLAIMER: WHITE’S ACE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

6. Service Professional Removal. We retain the right, in Our sole discretion, for any reason whatsoever, to at any time, remove any Service Professional from Our Website.  Such right of removal may include, but not be limited to, revocation and/or lapse of any required professional licensing, revocation and/or lapse of general and/or professional liability insurance and/or bonding coverage, falsification of any credentialing and/or information provided by any Service Professional to Us and/or and/or breach of these Terms of Use.

7. Indemnification of White’s Ace. You agree to indemnify, hold harmless, and defend WHITE’S ACE and any of its members, managers, agents, officers and employees from or against, as applicable, any and all claims, actions, demands, liabilities, losses, costs, expenses, damages or suits (including, but not limited to, attorneys’ fees) caused by or arising out of ANY engagement of AND/OR ANY RELATIONSHIP BETWEEN any service professionals AND ANY THIRD PARTIES, improper use of the WEBSITE AND/OR Services or information provided to WHITE’S ACE by You, including any information or content that You may input to the Website, Your violation of theSE Terms of Use, INCLUDING, BUT NOT LIMITED TO, FALSIFICATION OF YOUR LEGAL AGE, or any related agreements or terms of use or the infringement or violation of any intellectual property or other rights of any person or entity by You or any person or entity using Your account. You will be solely responsible for any actions by any user of Your account, including Your violation of any intellectual property or other rights of any person or entity.

8. Third Party Materials. The Website or Services may display, include or make available to You, content, data, information, applications and/or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Website or Services, You acknowledge and agree that neither We nor our content or service providers are responsible for examining or evaluating nor guarantee the content, availability, accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality of information or any other aspect of such Third Party Materials, third-party web sites or information or data displayed by the Website or Services or any data policies of such Third Party Materials or third-party web sites.  We do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person or entity for any third-party services, Third Party Materials or third-party web sites, or for any other materials, products or services of third parties.

9. Proprietary Content. You agree that the Website, Services and products offered therefrom contain proprietary content, information and/or material that is protected by applicable intellectual property laws, including, but not limited to, patent, copyright, trademark and/or trade secret laws, and that You will not use such proprietary content, information and/or materials in any way whatsoever except for permitted use of the Website and/or Services. You agree that nothing contained in these Terms of Use gives You any right of ownership in or to any of the intellectual property available on the Website and/or Services or the right to use any of the intellectual property available on the Website and/or Services, including, but not limited to, the patented content, copyrighted content, trademarks, servicemarks, logos and/or domain names.  No portion of the Website and/or 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 of any kind based on the Website and/or Services or any of its contents and You shall not exploit the Website and/or Services in any unauthorized way whatsoever, including, but not limited to, trespass or burdening network capacity.  You further agree not to use the Website and/or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.  You further agree that We are not in any way responsible for any such misuse by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Website and/or Services.  The Website and/or Services and the information contained in the Website and/or Services is ©White’s Ace Hardware and Garden Center, 2020.  All rights reserved.

10. We reserve the right to make modifications or changes to the Website, Services and/or these Terms of Use at any time, without notification to You.

 

11. Caption Headings. Caption headings in these Terms of Use are for convenience only and are not to be used to interpret or define the provisions of these Terms of Use.

12. Governing Law and Court Jurisdiction. These Terms of Use shall be governed by the laws of the United States, in the State of Indiana, without regard to conflicts of law principles thereof.  This is the case regardless of whether You reside or transact business with Us, and/or use the Website and/or Services anywhere else in the world.  If any part of these Terms of Use are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Disclaimer of Warranties; Limitation of Liability

WHITE’S ACE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SAFETY AND/OR EFFICACY OF THE PRODUCTS PURCHASED FROM THE WEBSITE, USE OF THE WEBSITE AND/OR SERVICES AND/OR THE MATERIALS AND/OR CONTENT IN IT, INCLUDING, BUT NOT LIMITED TO, listing of and/or hiring of ANY SERVICE PROFESSIONALS, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY, AND ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  IN SUCH STATES, AND TO THE EXTENT THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, THE LIABILITY OF WHITE’S ACE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  WHILE WHITE’S ACE ATTEMPTS TO ENSURE THAT THE INFORMATION IN THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS IS ACCURATE AND COMPLETE, WHITE’S ACE IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INACCURACY, ERROR OR OMISSION IN THE INFORMATION IN THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS.  THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS ARE PROVIDED “AS IS.”  WHITE’S ACE ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER AND/OR MOBILE DEVICE EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS OR DOWNLOAD MATERIAL THEREFROM.

IN NO EVENT SHALL WHITE’S ACE BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL AND CONSEQUENTIAL DAMAGES, AND LOST PROFITS OR BENEFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTIONS, EVEN IF WHITE’S ACE  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE AND/OR ACCESS THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, listing of and/or hiring of ANY SERVICE PROFESSIONALS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.  ALL RISKS, LOSSES AND COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE, SERVICES AND/OR PRODUCTS THEREFROM, INCLUDING, BUT NOT LIMITED TO, listing of and/or hiring of ANY SERVICE PROFESSIONALS, ARE SOLELY YOUR RESPONSIBILITY AND IS SOLELY AT YOUR OWN RISK.

YOU HEREBY ACKNOWLEDGE AND WILLINGLY ACCEPT ANY AND ALL RISKS ASSOCIATED WITH USE AND/OR ACCESS OF THE WEBSITE, ITS CONTENT, SERVICES AND/OR ANY PRODUCTS PROVIDED THEREFROM, INCLUDING, BUT NOT LIMITED TO, listing of and/or hiring of ANY SERVICE PROFESSIONALS, AND YOU AGREE TO UNCONDITIONALLY RELEASE AND HOLD HARMLESS, WHITE’S ACE, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND/OR AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES OR SUITS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR ACCESS, USE AND/OR INVOLVEMENT WITH THE WEBSITE, ITS CONTENT, SERVICES AND/OR PRODUCTS PROVIDED THEREFROM, INCLUDING, BUT NOT LIMITED TO, listing of and/or hiring of ANY SERVICE PROFESSIONALS.  UNDER NO CIRCUMSTANCES SHALL WHITE’S ACE BE LIABLE FOR ANY PERSONAL INJURY, MEDICAL EVENT AND/OR ILLNESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE CONTENT, OR YOUR USE AND/OR ACCESS OF THE WEBSITE, ITS CONTENT, SERVICES AND/OR ANY PRODUCTS PROVIDED THEREFROM, INCLUDING, BUT NOT LIMITED TO, listing of and/or hiring of ANY SERVICE PROFESSIONALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT IF ANY PART OF THESE TERMS OF USE ARE HELD UNLAWFUL, VOID OR UNENFORCEABLE, this shall in no way impair or affect the validity or enforceability of any other provision of THESE TERMS OF USE, which shall remain in full force and effect.