Terms of Use

"UCG" refers to United City Group, Inc. The service(s) provided are subject to these Terms of Use ("Terms"). UCG is dedicated to providing Customers with superior service, along with providing a complete record and report of such service.

I. Definitions

The following words used in these Terms shall have the following meanings:

1.  "Personal Information" shall mean all data and/or information provided by and about Customer.
2.  "UCG web site" or “United City Group web site” shall mean all web sites on which UCG provides products, information and/or services.
3.  "Customer" shall mean all Customers of UCG.
4.  "Services" shall mean all diagnostic, repair and maintenance of Customer equipment.
5.  "Customer Information" shall mean the Personal Information you are required to give to UCG in order to access our services.
6.  "Documentation" means any proprietary documentation made available to Customer by UCG.
7.  "Servers" refers to UCG’s servers upon which Customer information is stored.

As used in these Terms, (a) the word “or” is not exclusive, (b) the words “consent” and “approval” are synonymous, (c) the word “including” is always without limitation, (d) all monetary amounts are denominated in United States dollars, (e) neuter words should be construed to include correlative feminine and masculine words, (f) words in the singular number include words in the plural number and vice versa.

II. General

A. By visiting or logging on to the UCG web site, you fully accept these Terms. UCG reserves the right to amend, change, or modify these Terms at any time. 

B. UCG may operate, either now or in the future, sub-domains and aliases of these domains, in order to provide additional new and exciting services. All web sites on which UCG provides products, information and/or services are hereinafter referred to as the "UCG web site."

C. These Terms shall govern the web site user relationship between you and UCG, irrespective of which UCG web site you are registered with or logged into, either now existing or created in the future.

D. Customer understands and agrees to be bound by these Terms regarding the use of the UCG web sites. Additional contact information, commercial registry data, as well as other information can be provided upon request by e-mail to our Support Department at floridahdd@hotmail.com.

E. Customer can access these Terms, by clicking on the "Terms of Use" link that appears on the UCG web site "Home" page, and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.

G. Customer acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the UCG, or any other, web site.  UCG shall nonetheless endeavor to keep UCG web site available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond UCG’s control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided on the UCG web site.

III. Services Provided

A. Details about the full range and extent of UCG’s services, options and pricing can be obtained by contacting UCG.  Information contained on UCG’s web site may not be up to date or accurate.  Users shall not rely on any information contained on the web site without first verifying same with UCG.

B. Any use of the services, information and content offered on the UCG web site beyond the scope of options provided by UCG requires prior written consent from UCG.

C. UCG shall use certain data and/or information provided by the Customer for internal tracking, provided that this data and/or information does not violate any laws or these Terms. Please see our Privacy Policy for additional information about the way we collect and use Customer and visitor information, located elsewhere on our web site.

IV. Obligations of Customer

A. Customer agrees to adhere to the following requirements:

1. to provide only true and non-misleading information in communications with UCG;

2. to comply with all laws, ordinances, statutes and applicable legislation and to respect all third-party rights. In particular, Customer shall not:

1. use any insulting or defamatory words, symbols, photographs or other similar                                    content, regardless of whether said content is directed at another Customer or UCG personnel or other companies or individuals; and/or

2. use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;

3. You may not distribute content that:

1. violates any right of the UCG web site or any third party;

2. violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;

3. interferes with any Customer's uninterrupted use of UCG;

4. uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;

5. disrupts, interferes with, or otherwise harms or violates the security of UCG or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the UCG web site.

WARNING: ANY VIOLATION OF THESE TERMS THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY UCG.

4. Customer is further prohibited from the following activities:

1. employing any mechanisms, software or scripts when using the UCG web site. However, the Customer may use the interfaces or software provided by UCG within the scope of the services available on the U UCG web site;

2. blocking, overwriting, modifying and copying of any contents of the UCG web site.

3. distributing or publicly disclosing the contents of the web site of UCG, without written permission; and/or

4. performing any actions which may impair the operability of UCG’s infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.

V. Changes to the Services

UCG, in its sole discretion and without prior notice, reserves the right to modify the services offered on the UCG web site and/or to offer services different from those offered at the time of the Customer's registration or using of web site.

VI. General Disclaimers and Limitations of Liability

A. While UCG uses reasonable efforts to include accurate and up-to-date information, UCG specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability or operability or availability of information or material displayed on any and all UCG web sites. UCG disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. UCG disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material from the UCG web site.

B. UCG'S WEB SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE UCG WEB SITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. UCG EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. UCG DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE UCG PRODUCTS, SERVICES OR WEB SITE. UCG DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE UCG WEB SITE. UCG DISCLAIMS ANY WARRANTIES FOR SERVICES, PRODUCTS OR GOODS RECEIVED THROUGH, OR ADVERTISED ON, THE UCG WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE UCG  WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY CUSTOMER CONTRIBUTIONS PROVIDED ON THE UCG WEB SITE.

C. CUSTOMER UNDERSTANDS AND AGREES THAT DOWNLOADING OR OTHERWISE OBTAINING MATERIAL OR DATA THROUGH THE USE OF THE UCG WEB SITE IS AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

D. UCG IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY CUSTOMERS OR THIRD PARTIES, ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, CUSTOMER'S COMPUTER EQUIPMENT OR OTHER PROPERTY.

E. UNDER NO CIRCUMSTANCES SHALL UCG BE LIABLE TO ANY CUSTOMER ON ACCOUNT OF THAT CUSTOMER'S USE OR MISUSE OF, OR RELIANCE ON, THE UCG WEB SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND/OR PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF UCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OF, MISUSE OF, AND/OR RELIANCE ON THE UCG WEB SITE, FROM INABILITY TO USE THE UCG WEB SITE AND/OR FROM THE INTERRUPTION, SUSPENSION AND/OR TERMINATION OF THE UCG WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, PRODUCTS OR GOODS RECEIVED THROUGH, OR ADVERTISED ON, THE UCG WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE UCG WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE UCG WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE UCG WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE UCG WEB SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE UCG WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

F. UCG does not make any warranties or representations regarding any data, content and/or information provided or made available by the UCG web site or on any external web sites linked to it. In particular, UCG does not warrant or represent that said data, content and/or information is accurate, or that it fulfills or serves any particular purpose.

G. Customer may report any activities of any other Customer which violate applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an e-mail to the Customer Service e-mail address at floridahdd@hotmail.com.

VII. Indemnity

Customer agrees to indemnify, defend and hold harmless UCG, its web site and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees, costs and expenses) arising from or relating to any allegation regarding:

1. Customer or User's use of the UCG web site or services or reliance upon any data used in reports to Customer regarding Customers' use of Customer's web site;
2. UCG’s use of Customer information, so long as such use is not inconsistent with these Terms;
3. information, content or material provided through Customer's IP address, even if not posted by Customer; or
4. any violation of these Terms by Customer.

VIII. Data Protection

A. UCG recognizes that any data provided by Customer/User to UCG is extremely important and UCG shall therefore be particularly sensitive in handling such data.

B. Customers/Users are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information via the Internet because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, UCG shall do what is reasonable to safeguard your data, subject to this cautionary limitation.

C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given prior consent in view of such security risks.  However, please be advised that the UCG website does not use (Secure Socket Layer-SSL) when transferring and receiving Customer/User data through the UCG web site.  Accordingly, please keep sensitive communications over the internet to a minimum and take appropriate steps to safeguard your personal information before sending UCG anything via the UCG web site.  UCG shall not be liable for any damages, claims or loss incurred by Customer/User resulting from the transfer of information via the UCG web site.

D. Furthermore, Customer/User waives all damages, claims or loss arising out of or relating to the use, transfer or receipt of communications via the UCG web site.  PLEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY ON THE UCG WEB SITE.

E. UCG opposes the use of available contact information by a third-party for sending unsolicited advertisements (SPAM).

F. UCG reserves the express right to take legal action against unsolicited mailing or e-mailing of SPAM and other similar unsolicited advertising materials. UCG will report all violators to their respective Internet Service Providers (ISP) as well as the appropriate legal authority.

IX. Right to Content Use

A. UCG grants a right of use over all content to the UCG web site to registered Customers. Duplication or the use of such content by Customers or third-parties in other electronic or printed media is prohibited without UCG’s express consent.

B. All information, content, services and software displayed on, transmitted through or used in connection with the UCG web site is owned by UCG.

C. Customer may use the Content online only and solely for personal, non-commercial use, and may download or print a single copy of any portion of the Content solely for personal, non-commercial use, provided Customer does not remove any trademark, copyright or other notice from such Content.

D. Customer may not post, distribute or republish in any way, any portion of the Content to any Internet, Intranet or Extranet web site or incorporate the Content in any database, compilation, archive or cache, except as expressly allowed in these Terms.

F. Customer may not copy Content without permission from UCG. Customer agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the UCG web site. Customer may not insert any code or product or manipulate the content of the UCG web site in any way that affects the Customer's experience, and further, may not use any data mining, data gathering or extraction method on the UCG web site.

G. Requests to use UCG content for any purpose other than as permitted in these Terms shall be directed to the Customer Service email address at floridahdd@hotmail.com.

H. Customer grants a non-exclusive license to UCG to use Customer's name in all marketing and advertising campaigns of UCG, as well as on its web site. UCG may, but is not required, to contact Customer when using Customer's name in the manner described in this paragraph.

X. Errors in Advertisements

On occasion, a product or service offered by advertisers on the UCG web site may not be available at the time or at the price as it appears in an advertisement. In such an event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability or error in pricing or product or service information received from our advertisers or suppliers, you agree UCG is not responsible for such errors or discrepancies and that Customer's only course of action is to contact the appropriate advertiser.

XI. Additional Terms

A. These Terms and any modifications thereto must be in writing to be valid. No secondary agreements exist.  To the extent there is a conflict between these Terms and the Contract Documents, the Contract Documents shall control and govern.

B. UCG reserves the right to modify these Terms at any time, without providing reasons and without notice to Customer. Customer is urged to check these Terms frequently in order to determine if they have been modified in any way. If these Terms have been modified and Customer continues to Use the UCG web site, the modified Terms shall be deemed to be accepted by Customer.

C. Unless otherwise stated in these Terms, Customer may submit all notices to UCG using the following Customer Service email address at floridahdd@hotmail.com .

D. UCG may send notices to the Customer by e-mail to the address(es) given in the Customer's registration or updated contact data in Customer's account.

E. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision.

F. The place of performance and jurisdiction under these Terms shall be main place of business of UCG, which is the State of Florida, U.S.A.

G. The web site was created, is modified and controlled in the State of Florida, U.S.A.  Accordingly, you agree that the substantive laws of the State of Florida govern the interpretation and enforcement of these Terms and any dispute arising out of or relating to the Terms shall be filed in the appropriate state court in Pinellas County, Florida or the United States District Court for the Middle District of Florida, Tampa Division, for a federal district court proceeding. 

XII. Customer Service/Support

All queries by Customer regarding these Terms or UCG’s services can be e-mailed to UCG at floridahdd@hotmail.com.

XIII. Section Titles

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

XIV. Copyright

Unless otherwise stated, all material presented on this web site including these Terms is protected by United States and International Law, Copyright © 2011 United City Group, Inc., U.S.A.  All rights reserved.  Product names identified in this web site are the trademarks or the registered trademarks of their respective owners.  These trademark holders are not affiliated with UCG or UCG’s web site.  They do not sponsor or endorse any of the information contained on the web site.  UCG is not an authorized dealer, distributor or repair agent for any of the products identified on this web site or by UCG through any communication between UCG and Customer. Digital Control DigiTrak® Mark, Mark II, Mark III, Mark IV, Mark V, Eclipse®, LT™, SE™, F2™ & F5™  Series Transmitters, McLaughlin® Spot D Tek® Transmitters, DigiTrak® MARK III Receiver, DigiTrak® MARK III Remote Display and any and all other associated or related trademarks are or may be the trademarks or registered trademarks of the entities identified.  These and other products and/or company names mentioned herein are for identification purposes only and may also be trademarks or trade names of their respective owners.  UCG’s mention of any of these products does not suggest sponsorship of or association with UCG.  The trademarks and their use are governed by their respective owners.  All trademarks are the intellectual property rights remain the property of their respective holders and are used on the web site to describe the types of repairs or products sold by UCG.  Their use in no way indicates any relationship between UCG and the holders of said trademarks.

XV. Effective Date

THESE TERMS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON: March 1, 2011.