Terms of Service
1. Introduction and Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you — whether personally or on behalf of an entity you represent — and MILLER & ASSOCIATES, INC., a Computer Systems Design and Related Services firm organized under the laws of the United States and headquartered at 110 Robinson Rd, Aspen - 81611, United States (US). By accessing, browsing, or using our website at millerass.rest, by submitting any information through our contact forms, by engaging our professional consulting services, or by otherwise interacting with us in any manner that involves the use of our digital properties or the receipt of our services, you expressly acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions set forth in this document. If you do not agree with every provision contained herein, you are expressly prohibited from using our website and must discontinue all access immediately.
The terms set forth in this document apply to all visitors, users, clients, and any other persons or entities who access or use our website or services in any capacity. We reserve the right to modify, amend, update, or replace any portion of these Terms of Service at any time and at our sole discretion, without prior notice to you. It is your responsibility to review this page periodically to ensure that you remain informed of any changes. Your continued use of the website or our services after any revision to these terms constitutes your irrevocable acceptance of and agreement to the modified terms. If any modification is unacceptable to you, your sole and exclusive remedy is to discontinue your use of the website and our services. We also reserve the right to discontinue, suspend, or modify any aspect of the website or our services at any time without liability. The failure of MILLER & ASSOCIATES, INC. to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision, and any waiver of a particular provision shall be effective only if made in writing and signed by an authorized representative of the Company.
2. Description of Services
MILLER & ASSOCIATES, INC. provides professional computer systems design and related consulting services within the Computer Systems Design and Related Services industry. Our service offerings include but are not limited to enterprise systems architecture design and implementation, cloud infrastructure strategy and deployment across major platforms including Amazon Web Services, Microsoft Azure, and Google Cloud Platform, cybersecurity framework development and security operations, data engineering and analytics pipeline construction, digital transformation advisory, network infrastructure planning and deployment, managed IT services, custom software development, DevOps and CI/CD pipeline automation, compliance and audit preparation, database engineering, and IT strategy consulting. The precise scope, deliverables, timeline, and fees for any consulting engagement shall be defined in a separate written agreement — which may take the form of a Statement of Work, Master Services Agreement, Engagement Letter, or similar instrument — executed by authorized representatives of both parties. No binding professional obligation shall arise between MILLER & ASSOCIATES, INC. and any client until such a written agreement has been duly executed.
The information, materials, case studies, and descriptions of services presented on our website are provided for general informational and marketing purposes only and do not constitute a binding offer to perform any specific service. We make reasonable efforts to ensure that the content on our website is accurate and current, but we do not warrant that any particular description, capability matrix entry, or service detail is complete, error-free, or applicable to your particular circumstances. All services are subject to availability, and we reserve the right to decline any engagement or refuse service to any person or entity for any reason not prohibited by applicable law. The content on our website should not be construed as professional advice, and you should not act or refrain from acting on the basis of any website content without first seeking appropriate professional consultation. Any testimonials, case studies, or client references displayed on the website reflect the individual experiences of particular clients and are not indicative of results that may be achieved by other clients, as outcomes depend on a wide range of variables including the nature of the engagement, the existing technology environment, and the specific business objectives being pursued.
3. User Responsibilities and Acceptable Use
By using our website and services, you agree to comply with all applicable laws, regulations, and industry standards and to refrain from engaging in any conduct that could damage, disable, overburden, or impair the proper functioning of our website, our servers, our networks, or any connected infrastructure. You agree not to use our website for any unlawful purpose or in furtherance of any illegal activity, including but not limited to fraud, identity theft, unauthorized access to computer systems, distribution of malware or malicious code, harassment, or violation of intellectual property rights. You further agree not to attempt to gain unauthorized access to any portion of the website, to any other systems or networks connected to the website, or to any of the services offered on or through the website, by hacking, password mining, or any other illegitimate means. You are solely responsible for maintaining the confidentiality of any account credentials or access methods you may be assigned and for all activities that occur under your account or through your use of the website.
When you submit information through our contact forms, you represent and warrant that all information provided is truthful, accurate, current, and complete, and that you have the legal right and authority to provide such information. You agree not to submit any information that is false, misleading, defamatory, obscene, or otherwise objectionable, or that contains any viruses, Trojan horses, worms, time bombs, or other harmful or disruptive components. We reserve the right, but assume no obligation, to monitor user submissions and to remove or refuse any content that we determine, in our sole discretion, violates these Terms of Service or is otherwise harmful to our interests or the interests of our users. You acknowledge that any reliance upon any materials or information provided through the website is at your own risk, and that we make no representations concerning the suitability, reliability, availability, timeliness, or accuracy of any such materials or information. You are responsible for taking all necessary precautions to protect your computer systems and data from exposure to harmful content that may be accessed through the website or through any third-party links contained on the website.
4. Intellectual Property Rights
All content, materials, and features available on and through the millerass.rest website — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software code, the selection and arrangement thereof, and the overall look and feel of the website — are the exclusive property of MILLER & ASSOCIATES, INC., its licensors, or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The MILLER & ASSOCIATES, INC. name, the M&A logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MILLER & ASSOCIATES, INC. or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans appearing on this website are the trademarks of their respective owners.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the website and its content solely for your personal, non-commercial use in connection with evaluating and engaging our professional services. This license does not include any right to modify, reproduce, distribute, publicly display, publicly perform, republish, download, store, transmit, create derivative works from, reverse engineer, decompile, or otherwise exploit any portion of the website or its content for any purpose not expressly authorized by these Terms of Service, without our express prior written consent. With respect to custom deliverables created for clients in the course of a consulting engagement, the ownership and licensing terms for intellectual property created during such engagement shall be governed by the specific provisions of the applicable Statement of Work or Master Services Agreement executed between the parties. In the absence of specific contractual provisions to the contrary, MILLER & ASSOCIATES, INC. retains all right, title, and interest in and to its pre-existing intellectual property, methodologies, frameworks, tools, and know-how, and grants the client a perpetual, royalty-free, non-exclusive license to use deliverables created specifically for the client in connection with its internal business operations.
5. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall MILLER & ASSOCIATES, INC., its officers, directors, employees, agents, affiliates, successors, assigns, service providers, or licensors be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages of any kind — including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, loss of business opportunities, business interruption, or personal injury — arising out of or in any way connected with your use of or inability to use the website, your reliance on any information contained on the website, any errors or omissions in the website content, any unauthorized access to or use of our servers or any personal information stored therein, any interruption or cessation of transmission to or from the website, or any bugs, viruses, or other harmful components that may be transmitted through the website by any third party, regardless of the legal theory upon which the claim is based — whether in contract, tort (including negligence), strict liability, breach of statutory duty, or otherwise — and even if MILLER & ASSOCIATES, INC. has been advised of the possibility of such damages or if such damages were reasonably foreseeable.
Notwithstanding anything to the contrary contained herein, in no event shall the aggregate liability of MILLER & ASSOCIATES, INC. to you for all claims arising out of or relating to the use of or inability to use any portion of the website or the services, or otherwise under these Terms of Service, whether in contract, tort, or otherwise, exceed the greater of (a) the total amount of fees, if any, actually paid by you to MILLER & ASSOCIATES, INC. during the twelve-month period immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD $100.00). The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, and the existence of more than one claim shall not enlarge this limit. Some jurisdictions do not allow the exclusion or limitation of certain categories of damages, so some or all of the limitations and exclusions set forth in this section may not apply to you. In such jurisdictions, the liability of MILLER & ASSOCIATES, INC. shall be limited to the maximum extent permitted by law. You acknowledge and agree that the limitations of liability set forth in this section are a fundamental basis of the bargain between you and MILLER & ASSOCIATES, INC. and that the Company would not be able to provide the website and its services to you on an economically reasonable basis without such limitations.
6. Indemnification
You agree to defend, indemnify, and hold harmless MILLER & ASSOCIATES, INC., its parent companies, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, liabilities, costs, and expenses — including without limitation reasonable attorneys' fees, expert witness fees, court costs, and any amounts paid in settlement — arising out of or relating in any way to your violation of these Terms of Service, your use of or access to the website and any of its content, services, or products, your violation of any applicable law, rule, or regulation, your infringement or misappropriation of any intellectual property or other right of any third party, any misrepresentation made by you in connection with your use of the website, or any information or materials that you submit, post, transmit, or otherwise make available through the website, including any claim that such information or materials caused damage, loss, or injury to a third party. This indemnification obligation shall survive the termination of these Terms of Service and your cessation of use of the website.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate fully with us in asserting any available defenses and in the conduct of such defense. You shall not, in any circumstances, settle any claim or matter subject to indemnification without the prior written consent of MILLER & ASSOCIATES, INC., which consent shall not be unreasonably withheld or delayed. The obligation to indemnify MILLER & ASSOCIATES, INC. extends to any claims brought by third parties against us that arise from your actions, whether or not we are named as a party to those proceedings. This indemnification provision is intended to be interpreted broadly to provide the maximum protection for MILLER & ASSOCIATES, INC. that is consistent with applicable law, and the unenforceability of any portion of this provision in a particular jurisdiction shall not affect the enforceability of the remainder of the provision or its enforceability in other jurisdictions.
7. Disclaimer of Warranties
The website, its content, and any services or items obtained through the website are provided on an as is and as available basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, MILLER & ASSOCIATES, INC. expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, non-infringement, and any warranties arising out of course of dealing, usage, or trade practice. Without limiting the generality of the foregoing, MILLER & ASSOCIATES, INC. makes no warranty or representation that the website will meet your requirements, that access to the website will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the website will be accurate, complete, or reliable, that any errors or defects in the website or its content will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from MILLER & ASSOCIATES, INC. or through the website shall create any warranty not expressly stated in these Terms of Service.
You acknowledge and agree that any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. MILLER & ASSOCIATES, INC. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. The website may contain technical inaccuracies, typographical errors, or omissions, including inaccuracies relating to pricing or availability of services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such jurisdictions, the duration of any implied warranties shall be limited to the minimum period permitted by applicable law.
8. Third-Party Services and External Links
Our website may contain links to third-party websites, platforms, applications, and services that are not owned, operated, or controlled by MILLER & ASSOCIATES, INC. These links are provided solely for your convenience and informational purposes. We do not endorse, and we expressly disclaim any responsibility for, the content, accuracy, legality, appropriateness, or any other aspect of the materials, information, products, or services offered by or through any linked third-party website or service. The inclusion of any link on our website does not imply affiliation, endorsement, or adoption by MILLER & ASSOCIATES, INC. of the linked site or any information contained therein. When you click on a link to a third-party website, you leave our website and become subject to the terms, conditions, and privacy policies of that third-party website, which may differ materially from our own. We strongly encourage you to review the terms of service and privacy policies of every third-party website you visit.
MILLER & ASSOCIATES, INC. is not responsible for and shall have no liability arising from any transactions or interactions that occur between you and any third-party provider of goods or services that you access or learn about through links on our website. Any dealings with third parties — including payment and delivery of goods or services, compliance with licenses, and any other terms, conditions, warranties, or representations associated with such dealings — are solely between you and the third party, and MILLER & ASSOCIATES, INC. shall have no obligation to become involved in any dispute between you and any such third party. You agree that you will pursue any legal remedies against third parties directly and will release MILLER & ASSOCIATES, INC. from any claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with a third party. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws and regulations. You agree that you will not use the website content accessed through the website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
9. Termination and Suspension of Access
We reserve the right, in our sole discretion and without prior notice or liability to you, to suspend, restrict, or terminate your access to all or any portion of the website at any time, for any reason or for no reason, including but not limited to any breach or suspected breach of these Terms of Service, any conduct that we believe violates applicable law or is harmful to the interests of MILLER & ASSOCIATES, INC., its users, or any third party, or in connection with any investigation by law enforcement or other governmental authorities. Upon termination of your access, your right to use the website shall immediately cease. We also reserve the right to discontinue, temporarily or permanently, the website or any portion thereof, with or without notice. You agree that MILLER & ASSOCIATES, INC. shall not be liable to you or to any third party for any termination of your access to the website, for any modification or discontinuation of the website, or for any loss of content, data, or information resulting from such termination, modification, or discontinuation.
The following provisions of these Terms of Service shall survive any termination of your access to the website or the cessation of services between you and MILLER & ASSOCIATES, INC.: the sections concerning Intellectual Property Rights, Limitation of Liability, Indemnification, Disclaimer of Warranties, Governing Law and Dispute Resolution, and any other provisions that by their nature should reasonably be expected to survive termination. Termination of your access or of the agreement formed by these Terms of Service shall not relieve you of any obligations that accrued prior to the effective date of such termination, including any obligation to pay fees for services rendered. You may terminate these Terms of Service at any time by discontinuing your use of the website and, where applicable, providing written notice to MILLER & ASSOCIATES, INC. of your intent to terminate any ongoing client relationship in accordance with the termination provisions of the applicable Statement of Work or Master Services Agreement. Any termination of your access to the website shall not affect any separate contractual relationship you may have with MILLER & ASSOCIATES, INC. under a written services agreement, unless and until such agreement is separately terminated in accordance with its terms.
10. Governing Law and Dispute Resolution
These Terms of Service and any dispute, claim, or controversy arising out of or relating to them, their subject matter, their formation, or your use of the website or our services shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado and the federal laws of the United States of America, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Colorado. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or to any transaction conducted through or in connection with the website. You and MILLER & ASSOCIATES, INC. agree that any legal action or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state courts sitting in Pitkin County, Colorado, or, if federal jurisdiction exists, in the United States District Court for the District of Colorado. Each party hereby irrevocably submits to the personal jurisdiction and venue of such courts and waives any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction.
Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting MILLER & ASSOCIATES, INC. in writing at the address provided in these Terms of Service and engaging in good faith negotiations for a period of at least sixty calendar days. If the dispute is not resolved through informal negotiations within that sixty-day period, either party may proceed to formal dispute resolution. You agree that any claim or cause of action arising out of or related to the use of the website or these Terms of Service must be filed within one year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. You waive any right to participate in or bring any class action, collective action, or representative proceeding against MILLER & ASSOCIATES, INC., and you agree that any dispute shall be resolved exclusively on an individual basis. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, shall be severed from these Terms of Service, and the remainder of the provisions shall continue in full force and effect. The prevailing party in any legal proceeding shall be entitled to recover its reasonable costs and attorneys' fees.
11. Changes to Services and Amendments to Terms
MILLER & ASSOCIATES, INC. reserves the right, at any time and without prior notice, to modify, suspend, or discontinue, temporarily or permanently, any aspect of the website or our professional services, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the website or services without notice or liability. We endeavor to provide reasonable advance notice of any material changes that may affect your use of the website or our services, but we cannot guarantee that such notice will always be provided before the change takes effect. You agree that we shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the website or any of our services. Your continued use of the website following any modification, suspension, or discontinuance constitutes your acceptance of the modified terms, if any, and your acknowledgment that you have been afforded sufficient opportunity to review any changes.
We may amend these Terms of Service from time to time by posting an updated version on this page. When we do so, we will update the Last Updated date at the top of this document. For material changes that we determine in our sole discretion to be significant, we may also provide additional notice through prominent announcements on the website or via email to registered users, though we are under no obligation to do so. Your continued use of the website after the effective date of any revised Terms of Service constitutes your acceptance of the revised terms. If you do not agree with the revised terms, you must immediately cease all use of the website. The most current version of these Terms of Service will always be available for review on this page, and we recommend that you periodically revisit these terms to stay informed of any updates. Archived versions of prior Terms of Service are available upon request and may be retained for a reasonable period. You acknowledge that it is your responsibility to review these Terms of Service periodically, and you waive any right to receive specific notice of each individual change.
12. Communicated Consent and Electronic Communications
When you submit our contact form, send us an email, or otherwise communicate with us electronically through the website, you consent to receive communications from us electronically. We may communicate with you by email, by posting notices on the website, or through other electronic means that we deem appropriate. 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. You are responsible for maintaining a current and active email address on file with us and for ensuring that our electronic communications are not blocked or filtered by your email service provider. You acknowledge that communications transmitted over the public internet, including email, are inherently insecure and that MILLER & ASSOCIATES, INC. cannot guarantee the confidentiality or security of information transmitted through such means.
Any information, feedback, suggestions, ideas, or other submissions you provide to us through the website, by email, or by any other means — whether solicited or unsolicited — shall be deemed non-confidential and non-proprietary, and by submitting such materials you grant MILLER & ASSOCIATES, INC. a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials in any media, for any purpose, without compensation, attribution, or any obligation of confidentiality to you or any third party. You represent and warrant that you own or otherwise control all of the rights to the content you submit and that such content is accurate and does not violate these Terms of Service or the rights of any third party. We are under no obligation to maintain any user submissions in confidence, to pay any compensation for any submissions, or to respond to or use any submissions. You agree not to submit any information that you consider to be confidential or proprietary.
13. Force Majeure and Business Continuity
MILLER & ASSOCIATES, INC. shall not be liable or deemed to be in default for any delay or failure in the performance of its obligations under these Terms of Service, or for any interruption of service or access to the website, resulting directly or indirectly from any cause beyond the reasonable control of the Company. Such causes include but are not limited to acts of God, natural disasters, earthquakes, floods, fires, epidemics, pandemics, public health emergencies, acts of war (whether declared or undeclared), terrorism, civil unrest, riots, insurrections, acts of government or military authorities, changes in law or regulation, labor disputes or strikes, shortages of fuel, power, materials, or transportation, failures or interruptions of telecommunications or internet infrastructure, network or server outages, distributed denial-of-service (DDoS) attacks, or other malicious or disruptive third-party conduct. We will make reasonable efforts to notify you of any force majeure event that materially affects the availability of our website or services and to resume normal operations as soon as reasonably practicable after the cessation of the force majeure event.
In the event of a force majeure event, we may, in our sole discretion, suspend, reduce, or modify the delivery of services without liability. We maintain a business continuity and disaster recovery program designed to restore critical operations within a commercially reasonable timeframe, but we make no guarantee that all services will be restored within any particular period following a disruption. This force majeure provision is intended to allocate the risk of unforeseen and uncontrollable events between the parties and to ensure that neither party is penalized for circumstances genuinely beyond its control. You acknowledge that the technology infrastructure on which our website and services depend — including the public internet, cloud computing platforms, and third-party telecommunications networks — is inherently subject to occasional disruptions and degradations in performance, and you agree that MILLER & ASSOCIATES, INC. shall not be liable for any losses or damages resulting from such disruptions. This provision shall not operate to excuse either party from any obligation to make payments that were due and owing prior to the occurrence of a force majeure event.
14. Contact Information and Questions
If you have any questions, concerns, or inquiries regarding these Terms of Service, our website, our services, or any other matter relating to your relationship with MILLER & ASSOCIATES, INC., we encourage you to contact us using the information provided below. We are committed to responding to all legitimate inquiries in a timely and professional manner. For questions specifically relating to these Terms of Service or to report a suspected violation of these terms, please direct your correspondence to our legal affairs contact point. You may reach us by email at stenoekkannelotobj@gmail.com — this address is monitored during regular business hours, Mountain Time, Monday through Friday, excluding United States federal holidays. You may also contact us by telephone at +6282310681447 to speak with a representative who can direct your inquiry to the appropriate department. Written correspondence may be sent to our physical business address at MILLER & ASSOCIATES, INC., 110 Robinson Rd, Aspen - 81611, United States (US).
We value clarity and transparency in all of our business relationships, and we believe that a well-drafted Terms of Service document is an essential foundation for the trust that our clients place in us. If any provision of these terms is unclear to you, or if you believe that a particular provision may not be applicable to your situation, we invite you to contact us for clarification before you proceed with using our website or services. While we make every effort to ensure that these Terms of Service are fair, balanced, and compliant with applicable law, we acknowledge that the law governing digital services and information technology consulting is complex and evolving. We therefore reserve the right to update these terms in response to changes in the legal landscape, industry best practices, or our own operational experience, and we appreciate your understanding and cooperation in this regard. Our long-standing commitment to client satisfaction — demonstrated over more than two decades of service in the computer systems design industry — extends to the clarity, fairness, and enforceability of the legal framework that governs our professional relationships.