Severability: The invalidity or unenforceability of any provision(s) of these Beta Test Program Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Program Terms is found to be invalid or unenforceable, these Beta Test Program Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BETA TEST PROGRAM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

You and Ace 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 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 other Beta Test Program members. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. Ace Neighborhood Toolbox Program - Beta Test Program members may rent select tools from Participating Beta Test Program Retailers, subject to the following requirements and limitations: Delivery is limited to the member’s residence, which must be within the local Participating Beta Test Program Retailer’s delivery service area. Beta Test Program memberships and benefits (i) are for the personal, household use of the eligible member only; and (ii) cannot be sold, shared, leased, assigned, gifted, or otherwise transferred. The Ace Rewards® Program Terms and Conditions, which govern your participation in the Ace Rewards Program.By purchasing a Beta Test Program membership, you are certifying that you meet all eligibility criteria. Tool rental requires a signed Ace Neighborhood Toolbox Agreement (“Toolbox Agreement”) between you and your Participating Beta Test Program Retailer. To the extent of any conflict between these Beta Test Program Terms and any of the Additional Agreements, these Beta Test Program Terms will prevail. Waiver: No delay or failure by Ace to enforce any of these Beta Test Program Terms shall be a waiver of any of our rights under these Program Terms. parts & repair labor coverage for mechanical and electrical defects after manufacturer warranty expires

Applicable Law: The laws of the State of Illinois, without regard to principles of conflict of laws, will govern the Beta Test Program and any claim or dispute that has arisen or may arise between you and Ace. YOU AND ACE AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE BETA TEST PROGRAM 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 ACE HAVE AGAINST EACH OTHER ARE RESOLVED. CERTAIN STATE LAWS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY. Your participation in the Beta Test Program is subject to these Beta Test Program Terms and to the following additional policies, terms, conditions, guidelines, agreements, and documents (collectively, “Additional Agreements”), all as modified by Ace from time to time in its sole discretion:Construction: The headings used in these Beta Test Program Terms are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Beta Test Program Terms. Any reference to the term "including" means "including, without limitation." All references to currency are stated in United States dollars. A tool rental agreement will be required to take advantage of Ace Neighborhood Toolbox, the Beta Test Program’s tool rental benefit. More information on Ace Neighborhood Toolbox can be found in the Benefits section below.