Terms And Conditions
Terms and Conditions
Our business name is UCG Equipment. We are the owner of this website. Thank you for visiting this website and/or one or more of our affiliated websites. The terms and conditions that apply to your access to and/or your use of the website are set forth below. By visiting, logging on or using this website or submitting communications or user content to us, you accept and agree to all of the terms and conditions set forth herein, which form a legally binding agreement between you and UCG Equipment., and our applicable business divisions or affiliates.
Details about the full range and extent of UCG Equipment.’s services, options and pricing can be obtained by contacting UCG Equipment. Information contained on this website may not be up to date or accurate. Users shall not rely on any information contained on the website without first verifying same with UCG Equipment.
The following words used in these Terms and Conditions shall have the following meanings:
1. “UCG” shall mean UCG Equipment., and its applicable business divisions or affiliates.
2. “Products,” “information” and/or” “services” shall mean all products, information and/or services provided by UCG
3. “User” and/or “you” shall mean all users, consumers, patrons and/or customers of and accessing the website.
4. “Website” shall mean all websites, mobile or other online applications on which UCG provides products, information and/or services.
B. UCG will not notify you that changes have been made, regardless of the scope and importance of the changes, and encourages you to periodically check back and review the Terms and Conditions so that you always will know what terms and conditions apply to your access to and use of this Website. Your continued use of the website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. These Terms and Conditions shall govern the website user relationship between you and UCG, irrespective of which UCG website you are registered with or logged into, either now existing or created in the future.
C. This website may change, and we may restrict access to, suspend or discontinue this website, or any portion of this website, at any time. UCG reserves the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of UCG or its businesses, or its or their customers, affiliates, licensors or licensees.
E. You acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the website. UCG shall nonetheless endeavor to keep this website available without interruption. You acknowledge that 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 website.
F. All rights not expressly granted to you by UCG in these Terms and Conditions are reserved to UCG. You acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from the website.
G. User acknowledges and agrees that any use or access of this website is at users own risk. UCG provides the material available through this website for informational purposes only. You may use the content, products, information and/or services available through this website. Before you act on any such content, products, information and/or services you have found on, or purchase any products or services available through this website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY PRODUCT INFORMATION, OR SERVICE.
H. UCG does not warrant, guarantee or insure any item advertised or the successful completion of any transaction.
I. UCG cannot and does not review every posting made by users. You may read, review or observe any given posting before UCG does. You can expect that postings may include depictions, information and/or opinions from a variety of individuals and organizations other than UCG Therefore, UCG does not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or from a member of UCG, and UCG is not responsible or liable for, and does not assume any responsibility, for any user posting.
III. User Account
A. To protect the account information of our website members, where applicable, UCG, assigns to each member a unique user name and/or password. These unique identifiers are disclosed to the user via email immediately upon becoming a member of this website. Only members have the ability to modify their personal information and delete their ads as needed.
B. If you become a member of this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security, of which you become aware. However, you may be held liable for losses incurred by us or any other user of, or visitor to, this website due to someone else using your account or password.
C. In order to purchase products or services from this website or to use this website to sell a product or service, you must be at least eighteen (18) years of age. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
IV. User Obligations
A. You agree to adhere to the following requirements:
1. To provide only true and non-misleading information in communications with UCG Equipment.;
2. To comply with all laws, ordinances, statutes and applicable legislation and to respect all third-party rights. In particular, you shall not:
a. use any insulting or defamatory words, symbols, photographs or other similar content, regardless of whether said content is directed at another user or UCG personnel or other companies or individuals; and/or
b. 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:
a. violates any right of the website or any third party;
b. violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
c. interferes with any user's uninterrupted use of UCG or this website;
d. uploads or transmits computer viruses or other harmful, disruptive or destructive files, material or code; and/or
e. 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 website.
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. You are further prohibited from the following activities:
a. employing any mechanisms, software or scripts when using the website. However, you may use the interfaces or software provided by UCG within the scope of the services available on the website;
b. distributing or publicly disclosing the contents of the website, without written permission; and/or
c. 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.
B. You may have the opportunity to post or otherwise submit content and information, including, but not limited, to consumer reviews, opinions, concepts, inventions, techniques, know-how, data, materials or other postings or communications (collectively “user content”), to us via this website, whether by posting to a public area of this website or by other submission to us through email or other means of electronic communication facilitated by UCG
C. By submitting any user content to UCG or posting any user content in any public area of this Website, you:
(a) grant UCG the royalty free, perpetual, irrevocable, non exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute any user content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis;
(b) grant UCG the right to use the name that you use in connection with such submission or post, if and to the extent so chosen; and
(c) represent and warrant that you own or otherwise control all of the rights to the user content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions and will not cause injury or damage to any person or entity. By posting or submitting user content, you hereby waive any claim that UCG misappropriated any of your user content or any portions thereof.
D. Use of this website by you for spamming is strictly prohibited. By using this website, you agree not to use information concerning other users of this website, or any items such users have listed or searched for on this website (including listing information, user names, email addresses, telephone numbers and/or other information), for any purpose that is not expressly permitted by these Terms and Conditions. You may not post information directed to or collect personal information from any minor.
A. This website may provide links or references to third party sites that we do not operate and/or that will allow you to leave this website connecting you to the third party site. Any such links to third party sites are provided merely as a convenience to the users of this website, and such links do not imply endorsement by UCG of any other third party sites or the content contained therein. UCG disclaims all liability with regard to your access to linked websites.
B. Your use of and access to any other sites linked to this website is at your own risk. UCG has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to third party sites.
A. This website and all content displayed on this website and all software, data and information used to provide this website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by UCG or its owners, affiliates, licensors or licensees, and is protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws.
B. UCG grants you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your use in connection with the use of any services available through this website.
C. Except as expressly authorized in these Terms and Conditions, you may not modify, distribute, reproduce, display, or use this website or any elements thereof. Reproduction, re transmission or re presentation in any manner or form, in whole or in part, of any of the content, programming code, images or graphics included within the website is strictly prohibited without our prior express written permission.
D. You may not employ techniques to enclose or display this website, or any trademark, logo, content or other information included on this website. You may not use any meta tags or any other hidden text utilizing the names or trademarks of UCG without express written consent, and you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein.
E. You are expressly prohibited from using automated means, including, but not limited to, spiders, robots, crawlers, scrapers, deep links, data mining, data gathering, extraction tools or any other automated methodology, algorithm or device, or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from the website. A limited exception is provided for the internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this website.
F. This Website includes certain trademarks and service marks owned by UCG and/or our owners, affiliates or others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks.
A. UCG has in place what it believes to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of this website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.
A. UCG does not, in the ordinary course of business, review private electronic messages that are not addressed to it. However, UCG reserves the right to do so and to use any other forms of information available to us by virtue of your use of this website in order to comply with the law, to enforce these Terms and Conditions or to protect the rights, property or safety of users of this website, UCG, its customers and the public.
B. UCG reserve the right, but assumes no obligation, to review the content of this Website, to determine compliance with these Terms and Conditions and any other rules established by UCG and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post and/or edit any messages, listings, postings or other user content that we consider unacceptable or inappropriate, whether for legal or other reasons.
C. You shall be solely responsible for the content and information you send to this website or otherwise to UCG, including its truthfulness and accuracy. By posting to this website or otherwise submitting user content to UCG you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit such user content.
D. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any user content submitted by you to or through this website. We reserve the right to deny access to this website to anyone who violates these Terms and Conditions or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
E. UCG respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide UCG’s the following information:
(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
(5) a statement that the complaining party has a good faith belief that use of the material is unauthorized; and
(6) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IX. Violation of These Terms and Conditions
A. UCG may disclose any information we have about you (including your identity) if it is determined that such disclosure is necessary in connection with any investigation or complaint regarding your use of this website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with, intentionally or otherwise, UCG’s rights or property, or the rights or property of users of this website
B. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
C. You acknowledge and agree that we may preserve and store any communication by you with us through this website or any service offered on or through this website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to comply with legal process, enforce these Terms and Conditions, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of UCG, users of this website or the public.
E. You agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to UCG, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
X. General Disclaimers of Warranties 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 websites. 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 website.
B. UCG’s WEBSITE AND ALL INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE UCG WEBSITE, 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 UCGPRODUCTS, SERVICES OR WEBSITE. 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 WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE UCG WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY CUSTOMER CONTRIBUTIONS PROVIDED ON THE UCG WEBSITE.
C. YOU UNDERSTAND AND AGREE THAT DOWNLOADING OR OTHERWISE OBTAINING MATERIAL OR DATA THROUGH THE USE OF THE UCG WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE ACCESS TO OR DOWNLOAD OF SUCH MATERIAL OR DATA.
D. UCG IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS OR THIRD PARTIES, ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR 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 WEBSITE, 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 UCGHAS 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 WEBSITE, FROM INABILITY TO USE THE UCG WEBSITE AND/OR FROM THE INTERRUPTION, SUSPENSION AND/OR TERMINATION OF THE UCG WEBSITE (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 UCGWEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE UCGWEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE UCG WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE UCG WEBSITE. 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 WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE UCG WEBSITE. 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 website or on any external websites 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. You may report any activities of any other user which violate applicable laws and/or any of the Terms and Conditions stated herein (including the use of pseudonyms or fictitious names) by sending an e-mail to UCG e-mail address at firstname.lastname@example.org.
H. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
I. You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action.
J. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
K. Failure by UCG to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.
You agree to indemnify, defend and hold harmless UCG, its website 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. your use of the website or production, information or services, or reliance upon any data used in reports to you regarding your use of the website;
2. UCG’s use of your information so long as such use is not inconsistent with these Terms and Conditions;
3. information, content or material provided through Customer's IP address, even if not posted by Customer; and/or
4. any violation of these Terms by Customer.
XII. Errors in Advertisements
A. On occasion, a product or service offered by advertisers on the website 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 your only course of action is to contact the appropriate advertiser.
XIII. Additional Terms
A. Any modifications to these Terms and Conditions must be in writing to be valid. No secondary agreement(s) exists. To the extent there is a conflict between these Terms and Conditions and any Contract Documents between user and UCG, 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 you. You are urged to check these Terms and Conditions frequently in order to determine if they have been modified in any way. If these Terms and Conditions have been modified and you continue to use the website, the modified Terms and Conditions shall be deemed to be accepted by you.
C. Unless otherwise stated in these Terms and Conditions, you may submit all notices to UCG using the email address: email@example.com.
D. UCG may send notices to you by your e-mail to the address(es) given in the your registration or updated contact data in your account.
E. If any provision of these Terms and Conditions 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 principal place of business of UCG, which is the State of Florida, U.S.A.
G. This website 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 Conditions and any dispute arising out of or relating to the Terms and Conditions 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.
XIV. Customer Service/Support
All queries by you regarding these Terms and Conditions or UCG Equipment.’s products, information or services can be e-mailed to UCG at firstname.lastname@example.org.
XV. Section Titles
The section titles used in these Terms and Conditions are purely for convenience and carry with them no legal or contractual effect.
Unless otherwise stated, all material presented on this web site including these Terms and Conditions are protected by United States and International Law, Copyright. 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 the website. They do not sponsor or endorse any of the information contained on the website. UCG is not an authorized dealer, distributor or repair agent for any of the products identified on this website or by UCG through any communication between it and you. Digital Control DigiTrak® Mark, Mark II, Mark III, Mark IV, Mark V, Eclipse®, LT™, SE™, F2™ & F5™, McLaughlin® Spot D Tek®, DigiTrak® SuperCell™, Aurora®, DataLog®, Digitrak Falcon®, MFD®, SST®, Target Steering®, TensiTrak®, Ball-in-the-Box™, F Series™, FSD™, LWD™, The Charles Machine Works Ditch Witch® Subsite® 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 Equipment.’s mention of any of these products does not suggest sponsorship of or association to UCG Equipment. 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.
XVIII. Effective Date