Last Updated October 3, 2023
- Modification of Cancellation of Online Services
- Service Information and Other Information
- Intellectual Property and Ownership; License
- Third-Party Links
- Prohibited Conduct
- Digital Millennium Copyright Act Notice Policy
- Warranty; Disclaimers
- Limitations of Liability
- Dispute Resolution; Arbitration; Prohibition of Class Actions
- Choice of Law
- Modification of Cancellation of Online Services. We reserve the right at any time, with or without notice, to modify or terminate the Online Services or any portion thereof.
- Service Information and Other Information. Unique Indoor Comfort attempts to ensure that information regarding its services is complete, accurate and current. Despite our efforts, such service information, and other information on the Online Services, may occasionally be inaccurate, incomplete, or out of date. We make no representation regarding the completeness, accuracy, timeliness, usefulness or other attributes of such information, and any reliance you place on such information is strictly at your own risk.
Our services are offered subject to our acceptance of your booking request. We reserve the right to refuse service to any request, person or entity, without the obligation to assign reason for doing so.
- Third-Party Links. From time to time, the Online Services may contain links to websites, applications, platforms or services that are not owned, operated or controlled by Unique Indoor Comfort (collectively the "Third-Party Services"). If you use links to Third-Party Services, you will leave the Online Services. ALL SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND YOUR USE OF THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK. Unique Indoor Comfort is not responsible for and does not endorse or guarantee any Third-Party Services, or any products, services, content, or other information available on any Third-Party Services.
- Digital Millennium Copyright Act Notice Policy. Unique Indoor Comfort respects the intellectual property rights of others and asks you to do the same. We comply with the copyright notice and takedown procedures set forth in the Digital Millennium Copyright Act ("DMCA"). It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Online Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Online Services where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Unique Indoor Comfort designated agent for notice of copyright infringement is:
Ace Hardware Corporation
2915 Jorie Boulevard
Oak Brook, IL 60523
This email address should only be used to report allegations of copyright infringement. Any other communications should be directed to Unique Indoor Comfort service number. Unique Indoor Comfort reserves the right to disregard a notice that fails to comply with the DMCA. In the event that Unique Indoor Comfort determines that a DMCA notice lacks validity, Unique Indoor Comfort may refuse to remove the complained of content at its discretion. Election by Unique Indoor Comfort to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim. Unique Indoor Comfort may share DMCA notices and counter-notices submitted to us, including your contact information, with others. By submitting such notices, you agree you have no expectation of privacy with respect to your submission.
- WARRANTY; DISCLAIMERS.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) UNIQUE INDOOR COMFORT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ONLINE SERVICES (ii) THE ONLINE SERVICES ARE PROVIDED "AS IS" “WITH ALL FAULTS” AND “AS AVAILABLE”; and (iii) UNIQUE INDOOR COMFORT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE OUT OF DATE AND UNIQUE INDOOR COMFORT DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE ONLINE SERVICES. UNIQUE INDOOR COMFORT DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) UNIQUE INDOOR COMFORT ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICES OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR USE OF, ACCESS TO, OR BROWSING THE ONLINE SERVICES OR YOUR DOWNLOADING, INSTALLATION, OR USE OF ANY SOFTWARE, CONTENT, OR MATERIALS FROM THE ONLINE SERVICES; (ii) IN NO EVENT WILL UNIQUE INDOOR COMFORT AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, SERVICES OFFERED ON THE ONLINE SERVICES, OR ANY WEBSITE, ONLINE OR DIGITAL SITE OR SERVICE LINKED TO OR FROM THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Dispute Resolution; Arbitration; Prohibition of Class Actions. This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and Unique Indoor Comfort each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.
YOU AND UNIQUE INDOOR COMFORT AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE ONLINE SERVICES OR ANY SERVICES OFFERED ON THE ONLINE SERVICES 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 UNIQUE INDOOR COMFORT HAVE AGAINST EACH OTHER ARE RESOLVED. You and Unique Indoor Comfort agree that any and all disputes or claims that have arisen or may arise between you and Unique Indoor Comfort in connection with the Online Services shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules and a form for initiating arbitration proceedings are available on the AAA's website at: www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Unique Indoor Comfort may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and Unique Indoor Comfort 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 Unique Indoor Comfort 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 any other person or party. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
Last Updated October 3, 2023
Note for Non-U.S. Visitors: The Services and the products offered are intended only for residents of the fifty (50) United States and the District of Columbia and are not directed to individuals residing outside the United States, who may be subject to different privacy laws. If you reside outside the United States, do not access or use the Services.
Services are defined as:
Offline Services – certain offline services including but not limited to offline communications through our Customer Care Department in connection with the Online Services.
What Type of Information Do We Collect and Process?
We may collect the following categories of personal information. Not all categories may be collected about every individual:
- Personal identifiers, such as name and address
- Device and online identifiers and related information, such as telephone number and email address
- Internet, application, and network activity, such as cookie IDs and browser visits
- Demographic information, such as age, month and year of birth
- Financial information, such as credit and debit card numbers and claims information
- Characteristics of protected classifications under state or federal law, such as gender and nationality
- Purchase history information, such as products you have bought, rented, and returned
- Location information, such as geo-location information
- Audio, visual, and other sensory information, such as audio and video recordings
- Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors
- Education level, gender, marital status, household income, and other personal information.
You actively share information with us in various ways when you utilize the Services. You also passively provide us information in other ways through technology. Some of this information may be linked to you personally. This information helps our websites and mobile services work correctly and supports our customer marketing and analytics efforts – our work to understand our customers’ needs and provide information about our products and services
Like many online services, we may collect and store certain information automatically whenever you interact with our Services. For example, we may collect your IP address, browser and device information, including operating system, application software, and reference site domain name, every time you access or use the website. We may also collect information regarding traffic patterns and usage and mobile application usage data. We may use this information in combination with other information we have about you, including personal information.
If you do not want cookies to be dropped on your device, you can adjust the setting of your Internet browser to reject the setting of all or some cookies and to alert you when a cookie is placed on your device. For further information about how to do so, please refer to your browser ‘help’, ‘tool’, or ‘edit’ section or see www.allaboutcookies.org. Please note that if you use your browser settings to block all cookies, including strictly necessary cookies, you may not be able to access or use all or parts of the functionalities of our websites.
If you want to remove previously stored cookies, you can manually delete the cookies at any time. However, this will not prevent our websites from placing further cookies on your device unless and until you adjust your Internet browser setting as described above.
Some web browsers may have a “Do Not Track” preference that transmits a “Do Not Track” header to the websites you visit with information indicating that you do not want your activity to be tracked. We do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
How Do We Use Your Information?
We use your personal information to provide you Services, such as to fulfill your requests for information or to help us personalize our Services and marketing to you. We also may use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions. We may combine information, collected online and offline, including information from third party sources. We also may transfer or share your personal information within our corporate family of companies and our franchisees for these purposes, as permitted by law. In addition to the foregoing circumstances, we may share your personal information when you authorize us to do so.
How Do We Disclose and Share Your Information?
We are careful to share your personal information in ways that respect your privacy and only as described in this Policy. We do not sell or rent your personal information to others for money. All of the categories of personal information that we collect have been shared with other companies, including those within our corporate family and our franchisees, for a business purpose. We engage service providers to perform services in connection with the operation of our business and may share data with them in order to provide the Services requested. We may share your personal information in other special circumstances, which include situations when sharing is required by law, or we believe sharing will help to protect the safety, property, or rights of us, our customers, our associates, or other persons.
What Steps Are Taken to Keep Personal Information Secure?
We use various security measures to protect personal information that we collect. However, we cannot guarantee that your personal information will be secure from disclosure or misuse, either by accident or by unauthorized access or use.
What Happens When I Link to or From Another Web Site or Use Social Media Features?
We may also have providers of other apps, tools, widgets and plug-ins on our website, such as Facebook “Like” buttons, which may also use automated methods to collect information about how you use these features. These organizations may use your information in line with their own policies.
Is Information Collected from Children?
The Services are intended for adults. We do not sell any services ordered through our Services directly to anyone who we know to be under the age of 18. If you are under the age of 18, you should not use our Services to submit orders or purchase any services. In addition, we do not collect online any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use our Services only with the involvement of a parent or guardian and should not submit any personal information of any kind to us.
We do not sell information about persons who we known to be under the age of 18.