These Terms of Service ("Terms") govern your access to and use of the website operated by Strategic Micro Systems, LLC ("SMS," "we," "us," or "our") at stmicro.net, including all interactive tools, downloadable resources, and content provided through the site. By accessing or using our website, you agree to be bound by these Terms. If you do not agree, do not use the site.
1. Acceptance of Terms
By accessing our website, you confirm that you are at least 18 years old and have the legal authority to enter into these Terms. If you are accessing the site on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization to these Terms, and the terms "you" and "your" refer to that organization.
2. Scope of These Terms
These Terms govern your use of the SMS marketing website only. They do not govern the delivery of managed IT services, cybersecurity, cloud, VoIP, AI consulting, or any other professional service engagement. The terms of any service engagement between SMS and a client are governed exclusively by a separate Master Services Agreement (MSA), Statement of Work (SOW), or other written service agreement. In the event of any conflict between these Terms and a signed service agreement, the service agreement controls.
Our client support portal, accessible at stmicro.screenconnect.com, is a separate platform operated by ConnectWise and is governed by its own terms of use. Your use of the support portal is not governed by these Terms.
3. Website Content and No Professional Advice
The information on this website, including articles, guides, checklists, assessments, and other content, is provided for general informational and educational purposes only. Nothing on this website constitutes professional IT advice, cybersecurity advice, legal advice, or a specific recommendation for your business.
While we strive for accuracy, the information may not reflect the most current developments and may not be applicable to your specific technical environment, regulatory obligations, or business requirements. You should not act or refrain from acting based solely on information found on this website without first consulting with a qualified professional. Scheduling a consultation through our site does not establish a client relationship until a service agreement is executed.
4. Interactive Tools and Assessments
Our website may offer interactive tools, including our AI Readiness Assessment, cybersecurity checklists, and other self-service evaluation tools. These tools are designed to provide general educational guidance and are not a substitute for a professional IT assessment, security audit, or compliance review.
The scores, results, and recommendations generated by these tools are based on the information you provide and general industry benchmarks. They should not be interpreted as a definitive evaluation of your technology posture, security readiness, or compliance status. SMS is not liable for any decisions or actions you take based on tool results.
5. Use of the Website
You agree to use our website only for lawful purposes and in a manner consistent with these Terms. You agree not to:
- Use the site in any way that violates applicable federal, state, or local laws or regulations
- Attempt to gain unauthorized access to any portion of the website, its servers, databases, or any connected systems
- Introduce viruses, trojans, worms, malware, ransomware, or other harmful or malicious code
- Use automated tools (bots, scrapers, crawlers, spiders) to access the site in a manner that degrades performance or interferes with normal operation, except as permitted by our robots.txt file
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Collect, harvest, or store personal information of other users or site visitors
- Attempt to reverse-engineer, decompile, or disassemble any software or technology used on the site
- Use the website to transmit unsolicited commercial communications (spam)
6. Intellectual Property
All content on this website, including text, graphics, logos, icons, images, photographs, audio, video, code, software, and the overall design and layout, is the property of Strategic Micro Systems, LLC or its respective licensors and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from this website without our prior written consent, except that you may print or download one copy of a reasonable number of pages for your own personal, non-commercial, informational use, provided you do not modify the content and retain all copyright and proprietary notices.
The Strategic Micro Systems name, the SMS name, the SMS logo, and all related product and service names, designs, and slogans are trademarks of Strategic Micro Systems, LLC. You may not use these marks without our prior written permission.
7. User Submissions
When you submit information through our contact forms, assessment tools, scheduling tools, or other interactive features, you grant SMS a non-exclusive, royalty-free, worldwide license to use, process, and store that information for the purpose of responding to your inquiry, providing consultation, and improving our services. We will handle all submitted information in accordance with our Privacy Policy.
You represent that any information you submit is accurate and that you have the right to provide it. You are solely responsible for the content of your submissions.
8. Downloadable Resources
We offer downloadable resources such as assessments, checklists, comparison guides, and whitepapers. These materials are provided for informational purposes only and do not constitute professional IT, security, or compliance advice. SMS does not guarantee that the information in these resources is complete, current, error-free, or applicable to your specific situation, industry, or regulatory environment.
Downloaded resources are for your personal or internal business use only. You may not redistribute, resell, or republish these materials without our prior written consent.
9. Third-Party Links and Services
Our website contains links to third-party websites, platforms, and services that are not owned or controlled by SMS, including but not limited to Calendly (scheduling), HubSpot (forms), Google Maps (directions), and social media platforms. We are not responsible for the content, privacy practices, terms of service, availability, or security of any third-party sites or services.
The inclusion of a link does not imply endorsement, sponsorship, or affiliation. You access third-party links and services entirely at your own risk and subject to the terms and conditions of those third parties.
10. Electronic Communications
By using our website and providing your contact information, you consent to receive electronic communications from us, including email confirmations, assessment results, and, where you have opted in, marketing communications. You may opt out of marketing emails at any time by clicking the "unsubscribe" link or contacting us directly. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. Website Availability
We strive to keep our website accessible at all times, but we do not guarantee uninterrupted availability. The website may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any part of the website at any time without notice or liability.
12. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, TOOLS, RESOURCES, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
SMS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMS DOES NOT WARRANT THAT ANY INFORMATION, CONTENT, OR RESULTS PROVIDED THROUGH THE WEBSITE OR ITS TOOLS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, PROFITS, BUSINESS OPPORTUNITIES, GOODWILL, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF SMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO SMS FOR WEBSITE ACCESS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Indemnification
You agree to indemnify, defend, and hold harmless Strategic Micro Systems, LLC and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) your use of the website; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any intellectual property or other right of any third party.
15. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the use of the website, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or may file suit in a court of competent jurisdiction.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Morris County, New Jersey, and you consent to the personal jurisdiction of such courts.
17. Force Majeure
SMS shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government actions, power failures, internet or telecommunications outages, cyberattacks, or third-party service provider failures.
18. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page and, where appropriate, provide notice through the website or by email. Your continued use of the website after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the website.
19. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SMS regarding your use of the website and supersede all prior or contemporaneous agreements, communications, and proposals regarding the website.
Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver: The failure of SMS to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of SMS.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. SMS may assign its rights and obligations under these Terms without restriction.
Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
20. Contact Us
If you have questions about these Terms of Service, please contact us:
Strategic Micro Systems, LLC
111 Littleton Rd, Suite 201
Parsippany, NJ 07054
(973) 335-8800
contact@stmicro.net