Terms & Conditions
These Terms and Conditions (“Terms”) govern your access to and use of the Manage IT NY website, software, applications, products, and services (collectively, the “Services”), operated by Manage IT NY (“Manage IT NY,” “Company,” “we,” “us,” or “our”).
By accessing, browsing, or using any part of the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
1. Eligibility and Authority
You represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these Terms. If you are using the Services on behalf of an entity, you represent that you are authorized to bind such entity.
2. Changes to Terms
We reserve the right to modify or update these Terms at any time, in our sole discretion. Changes are effective upon posting to the website. Your continued use of the Services constitutes acceptance of the revised Terms.
3. Description of Services
Manage IT NY provides managed IT services, cybersecurity services, remote monitoring and management (RMM), ticketing systems, remote access and support tools, backup solutions, security software, and related technology services. Certain services rely on third-party vendors, platforms, and infrastructure.
We do not offer user account creation or payment processing through this website. Any contractual services are governed by separate written agreements.
We may modify, suspend, or discontinue any aspect of the Services at any time without notice or liability.
4. No Professional Advice
The Services and all content provided are for informational and general business purposes only. Nothing on the website or within the Services constitutes legal, financial, medical, cybersecurity, compliance, or other professional advice. You are solely responsible for obtaining independent professional advice before making decisions based on the Services.
5. User Responsibilities
You agree to: – Use the Services in compliance with all applicable laws and regulations – Not misuse, disrupt, or interfere with the Services – Not attempt to gain unauthorized access to systems or data – Ensure that any information you provide is accurate and lawful
You are solely responsible for all activity conducted through your account or use of the Services.
6. Intellectual Property Rights
All content, software, code, designs, logos, trademarks, text, graphics, and materials are the exclusive property of Manage IT NY or its licensors and are protected by U.S. and international intellectual property laws.
No license or right is granted to you except the limited, revocable right to use the Services as expressly permitted under these Terms.
7. Software, Remote Access, and Technology Disclaimer
The Services, including all software, tools, and technology, are provided “AS IS” and “AS AVAILABLE.” We do not warrant that the Services will be error-free, uninterrupted, secure, or free from vulnerabilities, defects, malware, or other harmful components.
Remote Access and Monitoring
You expressly acknowledge and agree that: – Manage IT NY utilizes remote monitoring and management (RMM) tools for ticketing, monitoring, maintenance, troubleshooting, and remote support – Such tools may allow remote access to systems, devices, networks, and data for legitimate support and administrative purposes – Remote access may occur with or without real-time user presence depending on the service provided
You authorize Manage IT NY to access systems as reasonably necessary to provide the Services and acknowledge that remote access carries inherent risks.
Backup and Security Services
Backup, disaster recovery, antivirus, endpoint protection, email security, and related cybersecurity services may be provided by third-party vendors. These services are offered on a best-effort basis only.
You acknowledge and agree that: – No backup, security, or cybersecurity solution can guarantee complete protection – Data loss, breaches, ransomware, system failures, and service interruptions may still occur – Manage IT NY does not guarantee data recovery, system availability, or threat prevention
8. Limitation of Liability
To the maximum extent permitted under New York law:
- Manage IT NY shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business interruption, system downtime, security incidents, or goodwill, arising out of or related to the Services.
- This limitation applies regardless of whether the claim arises from website use, software, remote access, monitoring activities, backup or security failures, third-party services, or professional services.
- This limitation applies regardless of the legal theory asserted, whether in contract, tort, negligence, strict liability, or otherwise.
- In no event shall Manage IT NY’s total aggregate liability exceed the fees paid by you to Manage IT NY in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100), whichever is greater.
9. Disclaimer of Warranties
To the fullest extent permitted by law, Manage IT NY disclaims all warranties, express or implied, including but not limited to: – Implied warranties of merchantability – Fitness for a particular purpose – Non-infringement – Accuracy, reliability, or completeness of content
We make no guarantees regarding outcomes, results, or performance of the Services.
10. Indemnification
You agree to defend, indemnify, and hold harmless Manage IT NY, its officers, directors, employees, contractors, affiliates, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from: – Your use or misuse of the Services – Your violation of these Terms – Your violation of any law or third-party rights
11. Third-Party Services and Vendors
The Services rely on and may integrate with third-party software, platforms, infrastructure providers, and vendors. Manage IT NY does not control and is not responsible for the performance, availability, security, compliance, or practices of third parties.
Use of third-party services is at your own risk, and any warranties or guarantees are solely those of the applicable third-party provider.
12. Data, Privacy, and Security
Your use of the Services is subject to our Privacy Policy. While we implement reasonable administrative, technical, and physical safeguards, we do not guarantee that systems, networks, or data will be completely secure.
You acknowledge that cybersecurity threats, data loss, unauthorized access, and service interruptions are inherent risks in information technology services.
13. Suspension and Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. All provisions which by their nature should survive termination shall survive.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
15. Dispute Resolution and Venue
Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located within the State of New York. You consent to personal jurisdiction and venue in such courts.
16. Waiver of Class Actions
To the extent permitted by law, you agree that any dispute shall be conducted on an individual basis and not as a class, collective, or representative action.
17. Force Majeure
Manage IT NY shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet outages, labor disputes, governmental actions, or cyber incidents.
18. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms constitute the entire agreement between you and Manage IT NY regarding the Services and supersede all prior or contemporaneous agreements, communications, or understandings.
20. Contact Information
For questions regarding these Terms, please contact:
Manage IT NY
1 Dupont Street, Suite #108, Plainview NY 11803