Your use of this website is regulated by the terms and conditions outlined below (referred to as the “Terms of Use”). Please review them attentively. By accessing and using this website, you agree to adhere to and be bound by these Terms of Use. If you do not agree to these terms, please refrain from using this website and exit now. United Strategic Group, Inc., the entity that owns and manages this website on behalf of itself and its subsidiaries (referred to collectively as the “Company,” “we,” or “us”), reserves the right to modify this website and these Terms of Use at any time without prior notice by posting such changes to this website.
Usage Restrictions:
You are not permitted to reproduce, distribute, or transmit any content from this website without our prior written consent. However, you may make a single copy of any material on this website for personal, non-commercial use (including ensuring compliance with these Terms of Use), on the condition that you do not modify or alter the material in any way, and do not remove or change any copyright or trademark notice. We retain full ownership and intellectual property rights over materials copied from this website. The content of this website is provided for lawful purposes only.
You are prohibited from using any automated or manual means, such as “deep-link,” “page-scrape,” “robot,” “spider,” or similar methods, to access, acquire, copy, or monitor any part of this website or its content. This includes attempting to reproduce or bypass the navigational structure or presentation of the website to obtain materials, documents, or information not intentionally provided by the website. We reserve the right to block any such activity.
Additionally, you may not try to gain unauthorized access to any part of this website, its features, or any connected systems or networks, including our servers, through hacking, password “mining,” or any other unauthorized methods.
You are prohibited from probing, scanning, or testing the vulnerability of this website or any connected network, or from breaching the security measures or authentication protocols of this website or any associated network. You agree not to use any device, software, or routine to disrupt or attempt to disrupt the proper functioning of this website, any transactions conducted on it, or the usage of this website by others.
Furthermore, you may not utilize this website or its content for any unlawful or prohibited purpose as outlined in these Terms of Use. This includes soliciting or engaging in illegal activities or any other activity that violates our rights or the rights of others.
We cannot guarantee or warrant that files available for download through this website will be free of infection or harmful code. By accessing this website, you acknowledge and accept that it is your responsibility to implement adequate safeguards and procedures to ensure that any downloaded files are free from such contamination.
Links to Other Sites:
The website includes links to third-party websites for your convenience, but these links should not be interpreted as an endorsement by us of those companies or their content. We do not control or take responsibility for the content of linked third-party websites, and we cannot guarantee the accuracy or quality of the materials found on these websites. Therefore, if you choose to access any linked third-party websites, you do so at your own risk.
Privacy and Protection of Personal Information:
Your privacy and security are important to us, and we are dedicated to safeguarding them. We encourage you to review our Privacy Policy for more details, as it is an integral part of these Terms of Use. By using this website, you acknowledge that Internet transmissions are not entirely private or secure. You understand that any messages or information you send to this website may be read or intercepted by others, even if certain transmissions, such as credit card information, are encrypted.
Accounts, Profiles, Passwords and Security:
You may need to create an account or profile to access certain features or services on this website. When doing so, you are responsible for maintaining the confidentiality of your account information, including your password. Any activity that occurs under your account due to a failure to keep this information secure is your responsibility. If you suspect unauthorized use of your account or a breach of security, you must notify us immediately. You may be held liable for losses resulting from someone else using your account due to your failure to keep it secure.
Using another person’s username, password, or account without permission is prohibited. We are not liable for any loss or damage resulting from your failure to comply with these obligations.
SMS Programs:
If you choose to participate in the Company’s text message alerts program, you may receive notifications related to service requests or promotional messages. Message and data rates may apply, and neither the Company nor carriers are responsible for delayed or undelivered messages. You can cancel the program at any time by texting “STOP” to us. Upon sending “STOP,” you will receive a confirmation message, and you will no longer receive messages from that program. For assistance or questions about the programs, you can text HELP to us.
Trademarks:
The trademarks “United Strategic Group. Inc.,” “Omni Home Comfort,” and others displayed on this website are the property of the Company or its affiliates. Unless you have a written license agreement, you may not use these trademarks or any other trademarks owned by the Company or its affiliates except for descriptive purposes. Other trademarks mentioned on this website belong to their respective owners and are used solely for descriptive purposes. Any mention of trademarks owned by other parties should not be interpreted as a challenge to their status or ownership.
Copyright:
The entire contents of this website, including text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of the Company, its content suppliers, affiliates, or its clients. These contents are protected by domestic and international trade dress, patent, copyright, and trademark laws, as well as various other intellectual property rights and unfair competition laws. Without our prior express written consent, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents.
By submitting files, including but not limited to resumes, email, Flash movies, images, logos, audio loops, and other software, you agree to grant us a nonexclusive, royalty-free, worldwide, sublicensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense, and publicly display any such submissions. Additionally, you grant us the right to utilize your name in connection with all advertising, marketing, and promotional materials related thereto.
International Use:
You agree to comply with all local rules, including rules about the Internet, data, email, privacy, copyright, and trademark infringement, given the global nature of the Internet. Furthermore, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Warranty:
We provide this website and its content “as is,” without any representation or warranty, express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not represent or warrant that this website will be accessible without interruption or that this website, any content from this website, or the server that makes this website available are free from errors, defects, design flaws, omissions, viruses, or other harmful components. Your use of this website is at your own risk. Some states do not allow the disclaimer of implied warranties, in which case portions of this disclaimer may not apply to you.
Limitation of Liability:
In no event will we be liable, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive, or consequential damages), arising out of or in connection with any use of, the inability to use, or the results of use of this website or its content, even if we have been advised of the possibility of such damages. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case portions of this limitation may not apply to you. In no event will we be liable or responsible for any errors or omissions in the content of this website, including, without limitation, errors in pricing or availability of services and products, or damages that may result from misrepresentation of age by a user of this website.
Indemnification:
You agree to indemnify, defend, and hold harmless Company, its parent, affiliates, shareholders, agents, licensors, suppliers, and any third-party information provider to this website, together with their officers, directors, owners, partners, and employees, from and against all losses, expenses, damages, and costs, including attorney’s fees, resulting from:
(a) any violation of these Terms of Use (including negligent or wrongful conduct) by you; or (b) your use and access of this website.
Violations of these Terms of Use:
You agree that we, in our sole discretion and without prior notice, may terminate your access to this website and/or block your future access to this website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to us, 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.
Furthermore, you agree that we, in our sole discretion and without prior notice, may terminate your access to this website for cause, which includes:
(1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of this website or any service offered on or through this website, or (4) unexpected technical issues or problems.
Resolution of Disputes & Governing Law/Disputes:
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois without the application of conflict of laws rules. Venue for all Claims (defined below) not subject to arbitration shall be in state or federal courts located in Champaign County, Illinois.
Resolution of any Dispute:
In the event of a dispute between you and us, we aim to provide an efficient, neutral, and cost-effective means of resolving it. While many concerns can be resolved quickly by contacting us directly, if an issue requires further resolution, the following terms outline the process:
Limitation of Legal Remedies:
INSTEAD OF PURSUING LITIGATION IN COURT, YOU AND WE BOTH AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. You and we agree that any dispute, controversy, or claim arising from your use of this website or its content (“Claims”) that cannot be settled mutually shall be resolved by a single arbitrator through binding arbitration. This arbitration agreement is intended to encompass Claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitrator’s decision and award are final and binding, subject to limited exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver:
Both you and we agree to waive the right to a trial by jury and agree to bring claims against each other only in an individual capacity, not as part of a class action or representative proceeding. All arbitrations will be conducted on an individual basis, and the arbitrator will not have the authority to award relief to a class. You acknowledge and agree that these terms prohibit you from initiating legal proceedings on behalf of others or participating in arbitration proceedings initiated by any other individual.
Arbitration Procedures:
If either party intends to seek arbitration, they must first send a written Notice of Dispute to the other party, describing the nature and basis of the Claim and the specific relief sought. Notices to us should be sent to the address: Thoman Mamer, 30 E Main St., Ste. 500 PO Box 560 Champaign, IL 61824-0560. Notices to you will be sent to the email or physical address you provided. Upon receipt of such notice, the other party has a sixty (60) day period to satisfy the Claim, provide the requested relief, or enter into a settlement. After this period, either party may commence arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. The arbitration will take place in Illinois, and for any non-frivolous claim under $10,000, Company will pay all arbitration costs, conduct the arbitration by telephone if preferred, and will not seek attorney’s fees if it prevails. Each party will pay their own counsel, expert, and witness fees and costs.
Choice of Law:
This Agreement falls under interstate commerce and is governed by the United States Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., which determines questions regarding arbitration applicability, superseding state law.
Exception:
Claims for indemnification, contribution, interpleader, or injunctive relief arising from a Claim are not subject to arbitration.
Additional Terms:
Our failure to enforce any provision of these Terms of Use does not waive our right to do so in the future. The conduct between parties or trade practices does not modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party without notice to you. If any term is deemed invalid or unenforceable, it will be severed and not affect the validity of the remaining terms. All rights not expressly granted are reserved.
Entire Agreement:
These Terms of Use constitute the entire agreement between you and us regarding this website, superseding all prior communications, whether electronic, oral, or written. No modification of these Terms of Use is effective unless authorized by us.
Last Updated: April 27, 2024