Protecting you, protecting us.
- Electronic Agreement/Modification.
This Agreement may be modified by SMS at its sole discretion from time to time, such modifications to be effective upon posting on the Website by SMS, and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated March 21, 2013.
- Access and Retention.
A link to this Agreement will be found on the Website homepage. In order to access and retain this electronic Agreement, you must have access to the World Wide Web and the Website, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web and the Website, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age to request information from the Website, create a profile on the Website or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
- WEBSITE CONTENTS AND FUNCTION.
The content of the Website is intended for information purposes only. Although SMS exercises reasonable efforts to ensure quality and accuracy, occasionally information on the Website may contain typographical errors, inaccuracies or omissions that may relate to any other content within the Website. SMS reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have initially submitted your request for information to the Website). Further, some information provided at the Website have been researched and collected by SMS from third-party sources. SMS has not independently developed or verified any of such information, and, as a result, SMS cannot guarantee the accuracy of such information. Any information in response to the Website’s prompts that are used by the Website to provide responses is provided by you, the user. You are responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice or other content available through the Website or obtained from a linked site. Additionally, as stated above, you are required to obtain access to the World Wide Web to access the Website, including any fees, software and equipment to obtain and maintain such World Wide Web access, and SMS is not responsible for any problems or failures related to such World Wide Web access, fees, software or equipment, including, but not limited to, user error in operating such access, fees, software or equipment. SMS assumes no liability or responsibility for any errors or omissions.
- ELECTRONIC COMMUNICATIONS.
When you visit the Website or send e-mails to SMS, you are communicating electronically. You thereby consent to receive communications from SMS electronically. SMS will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with SMS on the Website and creating a profile, you consent to receiving newsletters, emails, promotions and other advertisements from SMS or its partners.
You may opt-out of receiving promotional email from SMS by doing one of the following:
- If you originally signed up for SMS email, please email SMS at email@example.com.
- If you have received an email from SMS, you can follow the opt-out or ‘unsubscribe’ instructions provided in your e-mail.
- PASSWORD/ACCOUNT SETTINGS.
When you create a profile and register with SMS on the Website, you may also be asked to choose a password for purposes of accessing the Website and requesting information. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You will prevent unauthorized use of the Website using your password. You agree to (a) immediately notify SMS of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SMS will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password will be void.
- INTELLECTUAL PROPERTY.
SMS owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to SMS or its suppliers. All software used on this Website is the property of SMS or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
“SMS,” “sysmaint.com,” “SMS Systems Maintenance Services, Inc.,” and other Website graphics, logos, page headers, button icons, scripts and service names are trademarks, registered trademarks or trade dress of SMS in the U.S. and/or other countries. SMS’s trademarks and trade dress may not be used in connection with any product or service that is not SMS’s, in any manner that is likely to cause confusion among customers or clients or in any manner that disparages or discredits SMS. All other trademarks not owned by SMS that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SMS. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by SMS.
- LICENSE/SITE ACCESS/PROHIBITED USE.
SMS grants you a limited license to access and make personal use of the Website. SMS does not allow you to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of SMS. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any content, including, but not limited to, any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots or similar data gathering and extraction tools, as such activities are strictly prohibited. The content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other authorized commercial users of the Website who have consented to this Agreement by use of the Website or otherwise. You may not: (a) modify or create any derivative work based on the content or use the content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the content; (c) transfer the content to another person; or (d) reproduce the content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the content or software. SMS reserves all rights not expressly granted in this Agreement.
- CONDUCT ON THE WEBSITE.
Your use of the Website is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library or other interactive service that may be available to you on or through the Website, you agree that you will not upload, share, post or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data or other information – that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates our rules or policies;
- Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as spamming), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
- Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You will not interfere with anyone else’s use and enjoyment of the Website or other similar Services. Users who violate systems or network security may incur criminal or civil liability.
You agree that SMS may at any time, and in its sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that SMS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE.
SMS expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of SMS trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of SMS is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by SMS.
- LINKS TO THIRD PARTY SITES.
SMS or third parties may provide links to other World Wide Web sites or resources. Because SMS has no control over such sites and resources, you acknowledge and agree that SMS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SMS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. SMS does not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. SMS is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
- USER’S MATERIALS.
- WARRANTY LIMITATION.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT SMS (INCLUDING THE OFFICERS, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS OF SMS) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY SMS ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMS DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SMS MAKES NO WARRANTY THAT (A) THE WEBSITE OR ITS SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE OR ITS SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ITS SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE OR (D) THE QUALITY OF THE WEBSITE OR ITS SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE FACT THAT SMS IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE PRODUCT OR SERVICE.
- DISCLAIMER OF LIABILITY.
IN NO EVENT WILL SMS OR ANY OF ITS OFFICERS, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF THE WEBSITE OR THE CONTENT, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF SMS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. SMS MAY MAKE CHANGES TO THE WEBSITE OR ITS SERVICES OR CONTENT, INCLUDING THE DESCRIPTIONS OF ANY DRUGS LISTED ON THE WEBSITE, AT ANY TIME WITHOUT NOTICE. THE WEBSITE OR ITS SERVICES OR CONTENT MAY BE OUT OF DATE, AND SMS MAKES NO COMMITMENT TO UPDATE THE WEBSITE OR ITS SERVICES OR CONTENT.
ADDITIONALLY, AS STATED ABOVE, YOU ACKNOWLEDGE THAT YOU ARE REQUIRED TO OBTAIN ACCESS TO THE WORLD WIDE WEB TO ACCESS THE WEBSITE, INCLUDING ANY FEES, SOFTWARE AND EQUIPMENT TO OBTAIN AND MAINTAIN SUCH WORLD WIDE WEB ACCESS, AND SMS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR FAILURES RELATED TO SUCH WORLD WIDE WEB ACCESS, FEES, SOFTWARE OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, USER ERROR IN OPERATING SUCH ACCESS, FEES, SOFTWARE OR EQUIPMENT. SMS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT SMS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
YOU AGREE TO INDEMNIFY AND HOLD SMS AND ITS THE OFFICERS, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS, HARMLESS FROM ANY LOSS, LIABILITY, DAMAGES, CLAIM, ACTIONS OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE IN VIOLATION OF THIS AGREEMENT AND/OR ARISING FROM ANY USE OF THE WEBSITE.
- FORCE MAJEURE.
SMS will not be liable for failing to perform its obligations under this Agreement because of circumstances reasonably beyond its control. Such circumstances will include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of SMS, breach of this Agreement by users, and any other events reasonably beyond the control of SMS.
- USE OF WEBSITE AND STORAGE OF MATERIAL.
You acknowledge that SMS may establish general practices and limits concerning use of the Website, including without limitation the maximum amount of uploaded content will be retained on the Website, the maximum disk space that will be allotted on SMS’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that SMS has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Website. You acknowledge that SMS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Excessive use or abuse of shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space and session time, is prohibited and may result in termination of your account or limitation of your activities.
The Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. You should not rely on the Website as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold SMS liable for any damage to, any deletion of, or any failure to store your files or any data.
- INTERNATIONAL USE.
Although the Website may be accessible worldwide, SMS makes no representation that content on the Website are appropriate or available for use in locations outside the United States, and accessing such content from territories where such content is illegal is prohibited. Those who choose to access the Website from other locations do so, on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with the Website is void where prohibited.
- TERMINATION OF USE.
- CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW.
By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the products or service, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered by this Agreement or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute will be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of North Carolina, in Mecklenburg County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Mecklenburg, State of North Carolina will have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding will be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
- ENTIRE AGREEMENT.
- PREVAILING PARTY.
The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph or provision.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
- Send us an email message at firstname.lastname@example.org
- Write to us at:
SMS System Maintenance Services, Inc.
10420 Harris Oaks Blvd.
Charlotte, NC 28269
- Call us at: 877-SMS-0123 (877-767-0123)
© 2014 SMS Systems Maintenance Services, Inc. All rights reserved.