End User License Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Please review the terms of this End User License Agreement (the "Agreement") thoroughly. This Agreement is a legal agreement between you and Texas HOA Manager, LLC (“Texas HOA Manager”) concerning your access to and use of the TexasHOAManager.com website (the “Site”) and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site. By clicking "I AGREE," indicating acceptance electronically, accessing or using the Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site, you accept the terms of this Agreement. If you do not agree to all terms of this Agreement, then do not indicate acceptance of the Agreement and do not use the Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site. By accessing or using the Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site, you agree to follow and be bound by the terms of this Agreement, and all incorporated terms of use and service, and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.

In this Agreement, the words:

Association” shall refer to a single Texas property owners association for which an account is established to access and use the Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site.

HOA Account” shall refer to an account established on behalf of a single Association through which an Account Administrator and/or designated Director, Managing Agent, Employed Manager, and/or Property Manager may access and use the Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site for the purpose of managing and operating such Association.

Management Company” shall refer to a person or entity that provides management services to a portfolio of at least five (5) Managed-Associations.

Management Company Account” shall refer to an account established on behalf of a single Management Company through which Property Managers may access and use the Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site for the purpose of managing and operating a portfolio of Managed-Associations that are managed by such Management Company.

Managed-Association” shall refer to each single Texas property owners association managed by a Management Company for which a sub-account (“Managed-HOA Account”) is established under its Management Company Account to access and use the Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site to manage and operate such Managed-Association.

Managed-HOA Account” shall refer to a sub-account for a single Managed-Association established by a Management Company under its Management Company Account for the purpose of using the Site and/or any software, information, materials, forms, applications, application plug-ins and /or services provided through the Site to manage and operate such Managed-Association.

Account Administrator” shall refer to a single individual, either the person who initially establishes a HOA Account or a subsequent assignee of such person, who has certain administrative rights associated with such HOA Account, including the right to create documents using the Software; upload, modify or delete information concerning members of the Association; upload or download documents to and from the Records Archive; and/or terminate a HOA Account.

Management Company Administrator” shall refer to an individual or individuals authorized to exercise administrative rights associated with a Management Company Account, including the right to create and terminate Managed-HOA Accounts and to designate one or more “Management Company Representatives” (as hereinafter defined) for each Managed-HOA Account, who shall have all of the same administrative rights of an Account Administrator for a HOA Account, including the right to create documents using the Software on behalf of the applicable Managed-Association, upload, modify or delete information concerning members of the applicable Managed-Association, and/or upload or download documents to and from the Records Archive (as hereinafter defined) for the applicable Managed-Association.

Management Company Representatives” shall refer to individuals designated by a Management Company Administrator as persons currently managing a particular Managed Association on behalf of a Management Company, who shall have most of the same administrative rights of an Account Administrator for a HOA Account, including the right to create documents using the Software on behalf of the applicable Managed-Association, upload, modify or delete information concerning members of the applicable Managed-Association, and/or upload or download documents to and from the Records Archive for the applicable Managed-Association.

Account Directors” shall refer to individuals designated by the Account Administrator (or Management Company Representative) as persons currently serving as a “Director” of an Association (or Managed-Association) incorporated as a for-profit or nonprofit corporation or as a member of the governing body of an Association (or Managed-Association) that is not incorporated, who shall have certain limited rights to access and view (but not modify or use) a HOA Account (or Managed-HOA Account) and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site.

Managing Agent” shall refer to an individual designated by the Account Administrator as a Managing Agent of the Association. A Managing Agent is a non-Director volunteer who is authorized by the Association’s governing body to assist with some or most of the day-to-day operations of the Association, but is not a paid employee of the Association (“Employed Manager”) or a contractor who provides management services pursuant to a service contract (“Property Manager”).

Employed Manager” shall refer to an individual designated by the Account Administrator as a Managing Agent of the Association. An Employed Manager is an individual who is employed by the Association to perform most of the day-to-day operations of the Association.

Property Manager” shall refer to an individual designated by the Account Administrator as a Property Manager for the Association. A Property Manager in an individual who is employed by a Management Company to perform most of the day-to-day operations of the Association on its behalf pursuant to a service agreement between the Management Company and the Association.

End-User Account” shall refer to an internal account through which an individual, such as the Account Administrator, Management Company Administrator, Management Company Representative, and/or a designated Account Director, Managing Agent, Employed Manager or Property Manager or any other visitor to the Site who is permitted individualized access to and/or use of the Site that is secured by a personal login name and password assigned to or created by such individual.

End-User”, "you" and/or "your" shall refer to each entity or individual who accesses or uses the Site or Software through a HOA Account, Management Company Account, Managed-HOA Account, or an End-User Account, and specifically includes each Association with a HOA Account, each Management Company with a Management Company Account, each Managed-Association with a Managed-HOA Account, and each Account Administrator, Management Company Administrator, Management Company Representative, Account Director, Managing Agent, Employed Manager and/or Property Manager who is associated with either a HOA Account, Management Company Account and/or Managed-HOA Account, as well as any other individual or visitor to the Site or who accesses the Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site.

Texas HOA Manager”, "we", "us" and "our" shall refer to Texas HOA Manager, LLC.

Affiliates” shall refer to all companies and subsidiaries that, directly or indirectly, control or are controlled by Texas HOA Manager, or are under the common control with Texas HOA Manager. Such term shall also refer to and expressly include Gregory S. Cagle. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.

Site” shall refer to TexasHOAManager.com.

Software” shall refer to the software, applications and/or application plug-ins provided by Texas HOA Manager or its Affiliates through the Site, including all content, updates and new releases thereof.

Document Library” shall refer collectively to the document template forms provided through the Site and/or Software.

Membership Directory” shall refer to the collection of information or data provided to Texas HOA Manager concerning each of the members of the Association, including their names, the physical addresses for the real property owned by them in the development governed by the Association, their mailing address, their telephone numbers, their email addresses and any other information provided to Texas HOA Manger concerning such members.

Records Archive” shall refer to the online storage of customized documents created by the Software and/or documents uploaded by an End-User.

Book” shall refer to any online version of TEXAS HOMEOWNERS ASSOCIATION LAW © 2010 and TEXAS HOMEOWNERS ASSOCIATION LAW, 2ND ED. © 2013, by Gregory S. Cagle, including all revised or updated editions thereof, made available to you through the Site. Such term shall also include any derivative of the Book or portion of the Book that has been modified for use with the Site, including but not limited to the management operation instructions called “Operation Guides,” the forms and instructions for creating operational documents incorporated by the Software, all information provided through popup windows on the Site, the Document Library, and the information provided through the Site under the title of “Texas HOA Law Guide.”

"Services" shall refer to all services provided to End-Users by Texas HOA Manager or its Affiliates through the Site.

Subscription Agreement” shall refer to the month-to-month contract between Texas HOA Manager and a particular Association under which the Association is permitted to access and use the Site and maintain a HOA Account in exchange for payment of a monthly Subscription Fee, the amount of which shall be based on the number of Lots or Units within the development governed by the Association.

Subscription Fee” shall refer to the monthly fee for a particular Subscription Plan.

Subscription Plan” shall refer to the particular categorical size of an Association upon which an Association’s Subscription Fee is based.

Subscription Payment Account” shall refer to a recurring subscription payment account established through PayPal, which is required for the payment of Subscription Fees by an Association.

1.TERMS OF USE AND PRIVACY POLICY

This Agreement describes the terms of use governing your access to and use of the Site, the Software, the Book, the Document Library, the Records Archive, the Services, and any other software, information, materials, forms, applications, application plug-ins and/or services provided through the Site (hereinafter referred to synonymously as the “Agreement” and/or the “Terms of Use”) and specifies your rights and responsibilities regarding such access to and use thereof. This Agreement includes and incorporates by reference Texas HOA Manager’s Privacy Policy. Links to these Terms of Use and Privacy Policy shall be available on the Site.

2.MODIFICATION OF THE AGREEMENT AND TERMS OF USE

We may revise these Terms of Use at any time without notice to you and it is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use or access this Site, the Software, the Book, the Document Library, the Records Archive, the Services, or any other software, information, materials, forms, applications, application plug-ins and/or services provided through the Site. If you have any questions about these Terms of Use, please contact our Support Team at 855-746-2211 or Support@TexasHOAManager.com.

3.GENERAL TERMS AND CONDITIONS

3.1The Site is an online portal that provides End-Users with general information concerning the management and operation of residential property owners associations in Texas, including information concerning the laws applicable to Texas property owners associations and access to a hosted Software module that prepares customized documents for use in the operation and management of Texas property owners associations based on data and other information supplied by End-Users. End-Users need not download the Software, as it is hosted by the Site as a secured backend service for End-Users. The Site and the Software also include general information regarding commonly encountered management and operational issues related to residential property owners associations in Texas and online storage of digital records.

3.2Texas HOA Manager is not a property manager. Texas HOA Manager is a software company that provides its End-Users with general information concerning the management and operation of residential property owners associations in Texas and access to a hosted Software module that prepares customized documents for use in the operation and management of Texas property owners associations. You are responsible for determining what management and operation actions to perform, what information from the Site is applicable to such actions, which documents to create using the Software, and for providing the correct information requested by the Software to create the documents generated thereby.

3.3Texas HOA Manager is also not a law firm, and it may not perform services performed by an attorney. The information provided by the Site concerning the laws applicable to Texas property owners associations is general in nature and not intended to be, nor shall it constitute, legal advice or the provision of legal services. Texas property owners associations are governed by both Texas statutory law and their formation and governing documents (also referred to as “Dedicatory Instruments”), such as their Declaration of Covenants, Conditions and Restrictions, Certificates of Formation, Articles of Incorporation, Bylaws, and other similarly-named Dedicatory Instruments, which in many cases controls over Texas statutory law. While the Software may include a review of your answers to certain questions for completeness, spelling and grammar, and for internal consistency of names, addresses and the like, at no time and under no circumstances will Texas HOA Manager, the Site or the Software review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation or the particular terms and provisions of the Dedicatory Instruments and other formation and governing documents applicable to your Association.

3.4The Dedicatory Instruments and other formation and governing documents applicable to property owners associations can and often do vary greatly from association to association. Because a property owners association’s Dedicatory Instruments and other formation and governing documents may include provisions that impose restrictions and/or procedures that differ from or are in addition to those provided under applicable statutory laws, Texas HOA Manager cannot guarantee that the customized documents prepared by an End-User using the Software will conform to the provisions of a particular property owners association’s Dedicatory Instruments or its other formation and governing documents. It is the responsibility of all End-Users using the Software to review the Dedicatory Instruments and other formation and governing documents applicable to their property owners association and to ensure that all data and other information inputted or otherwise supplied to the Texas HOA Manager and/or the Software is accurate and in conformity with such Dedicatory Instruments and other formation and governing documents.

3.5Texas HOA Manager strives to keep its information and document form templates accurate and up-to-date with statutory laws applicable to Texas residential property owners associations. However, because the application of statutory law to a Texas residential property owners association may be modified by the terms of the Dedicatory Instruments and other formation and governing documents applicable to such residential property owners association and because the law is subject to judicial interpretation, Texas HOA Manager cannot guarantee that all of the information on the Site or Software is completely accurate or applicable to each Association or Managed Association or any particular circumstance or issue confronted by an Association or Managed Association. The law is a personal matter, and no general information or document generation software like the kind Texas HOA Manager provides can fit every circumstance or address every issue. Furthermore, the legal information contained on the Site and Software is for informational purposes only, and is not legal advice, nor a substitute for the advice of an attorney. Therefore, if you need legal advice concerning a particular issue or circumstance, or if your particular issue or circumstance is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

3.6From time to time, Texas HOA Manager may perform certain attorney access services and/or introduce our End-Users to attorneys through various methods, including but not limited to third party attorney directory listings. At no time is an attorney-client relationship fostered or created with Texas HOA Manager through the performance of any such services. This Site and Software are not intended to create any attorney-client relationship, and your use of Texas HOA Manager does not and will not create an attorney-client relationship between you and Texas HOA Manager. Instead, you are and will be representing yourself in any legal matter you undertake through the use of Texas HOA Manager's information and document creation Software.

4.ASSOCIATION ACCOUNT, ACCOUNT ADMINISTRATOR AND ACCOUNT DIRECTORS

4.1The Site, the Software, the Book, the Document Library, the Records Archive, the Services, and any other software, information, materials, forms, applications, application plug-ins and/or services provided through the Site are intended for the use of a single Association, and not for the use of individual property owners or single individuals associated with an Association. In order to access and use the Site, the Software, the Book, the Document Library, the Records Archive, the Services, or any other software, information, materials, forms, applications, application plug-ins and/or services provided through the Site, a HOA Account must be created and maintained by a single individual serving as the Account Administrator of such account on behalf of an individual Association.

4.2Each HOA Account shall have only one (1) designated Account Administrator. The Account Administrator need not be an officer or director of the Association, but he or she must have the legal authority to enter into contracts on behalf of and bind such Association. By creating a HOA Account, the Account Administrator represents that he or she has the legal authority to enter into this Agreement on behalf of and bind the Association for which the HOA Account is created to the Terms of Use.

4.3The person who initially creates a HOA Account shall automatically be designated the “Account Administrator” for such HOA Account. The role of Account Administrator may be assigned from time to time by the then-current Account Administrator to another individual, who shall immediately become the Account Administrator for such HOA Account upon acceptance of such role by such individual and his or her agreement to the terms of this Agreement. The initial Account Administrator, and each subsequent Account Administrator, expressly represents and agrees that he or she shall not assign the role of Account Administrator to another individual unless such individual has the legal authority to enter into contracts on behalf of and bind the Association, and each subsequent Account Administrator expressly represents and agrees that he or she shall not accept the role of Account Administrator unless he or she has the legal authority to enter into this Agreement on behalf of and bind the Association associated with the applicable HOA Account to the Terms of Use.

4.4If you are the designated Account Administrator for a HOA Account and/or you have accepted the role of Account Administrator for a HOA Account, you represent to Texas HOA Manager that you have the legal authority to bind such applicable Association or other legal entity to this Agreement and these Terms of Use, in which case the terms “End-User,” "you" or "your" shall also refer to and include such Association or other legal entity. If you do not have such authority or if you do not agree with this Agreement and these Terms of Use, you may not enter into this Agreement or create or maintain a HOA Account on behalf of such Association or other legal entity. If, after the creation of a HOA Account, Texas HOA Manager discovers that you did not have the authority to bind the applicable Association or other legal entity for which you created or maintained the HOA Account or accepted the role of Account Administrator, Texas HOA Manager will terminate such HOA Account and you will be personally responsible for all monetary obligations incurred then to date on behalf of such Association or other legal entity, including, without limitation, all unpaid Subscription Fees. Texas HOA Manger shall not be liable to any End-User or Association or other legal entity for any loss or damage resulting from its reliance on any instruction, notice, document, or communication reasonably believed by it to be genuine and originating from an authorized representative of an applicable Association or other legal entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, Texas HOA Manager may, but is not obliged to, require additional authentication from such authorized representative.

4.5The Account Administrator shall have all administrative rights associated with the HOA Account, including the right to create documents using the Software; upload, modify or delete information concerning members of the Association; upload or download documents to and from the Records Archive; and/or terminate a HOA Account. The Account Administrator may also designate as Account Directors any such persons currently serving as members of the Board of Directors of the Association (if such Association is incorporated as a for-profit or nonprofit corporation) or any such persons currently serving as members of the governing body of the Association (if such Association is not incorporated or is governed by a body other than a Board of Directors). In addition, the Account Administrator may grant access to the Site and Software to a designated Managing Agent, Employed Manager or Property Manager, who shall have the same access rights as Account Directors. Account Directors shall have certain limited rights to access and view the Site, Membership Directory, Records Archive and Book, but shall not have any right to create documents through the Software, upload or download documents from the Records Archive, or create, modify or delete any information in the Membership Directory.

4.6The initial Account Administrator and each subsequent Account Administrator expressly represents and agrees that he or she shall not designate a person as an Account Director unless such person is then a currently serving member of the Board of Directors or other governing body of the Association, and further represents and agrees that he or she will remove such designations and/or re-designate the Account Directors as necessary immediately upon a modification of the membership of the Board of Directors or other governing body of the Association. Similarly, the initial Account Administrator and each subsequent Account Administrator expressly represents and agrees that he or she shall not designate a person as a Managing Agent, Employed Manager or Property Manager unless such person is then currently serving or acting in such capacity on behalf the Association, and further represents and agrees that he or she will remove such designations and/or re-designate an applicable Managing Agent, Employed Manager or Property Manager as necessary immediately upon a modification or change in the individuals serving or acting in such capacity on behalf of the Association.

4.7Upon being designated as an Account Director, or as a Managing Agent, Employed Manager, or Property Manager with access rights, such person will be sent an email notifying him or her of such designation and requesting that he or she accept such designation by accepting the terms of this Agreement and establishing a login and password for access to the Site. A designated Account Director, Managing Agent, Employed Manager, or Property Manager shall not be provided access to the Site until he or she has accepted the terms of this Agreement. By clicking "I AGREE," indicating acceptance electronically, accessing or using the Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site, each designated Account Director, Managing Agent, Employed Manager and/or Property Manager agrees to the terms of this Agreement and expressly represents and agrees that he or she is a currently serving member of the Board of Directors or other governing body of the Association, or is currently serving or acting in the capacity of a Managing Agent, Employed Manager or Property Manager on behalf the Association. Each Account Director, Managing Agent, Employed Manager and/or Property Manager further represents and agrees that if he or she ceases to be a member of the Board of Directors or other governing body of the Association, or ceases to be a Managing Agent, Employed Manager, or Property Manager on behalf of the Association, he or she will notify the current Account Administrator and will cease all access to the Site regardless of whether the Account Administrator has removed the Account Director, Managing Agent, Employed Manager and/or Property Manager designation or other access-rights.

4.8An End-User may possess access-rights in more than one capacity. For example, the Account Administrator for an HOA Account may also be a designated Account Director with Account Director access-rights. In such event, such End-User will be assigned the highest level access-rights for which he or she is designated, to wit: Account Administrator access-rights; but, if such End-User transfers the Account Administrator role to another individual, such End-User’s access-rights will be reduced to that of an Account Director.

4.9Texas HOA Manager reserves the right to terminate all rights of access associated with a HOA Account in the event of a violation of this Agreement by an End-User associated with such HOA Account. In the event it is discovered that the Account Administrator, or a designated Account Director, Managing Agent, Employed Manager and/or Property Manager for an HOA Account has violated any provision of this Agreement or these Terms of Use, Texas HOA Manager shall be entitled to immediately terminate all rights to access and use of the Site, the Software, the Book, the Document Library, the Records Archive, the Services, and any other software, information, materials, forms, applications, application plug-ins and/or services provided through the Site for all End-Users associated with such HOA Account.

5.OWNERSHIP OF AND LIMITED LICENSE TO VIEW MATERIALS

This Site and Software, and all information, materials, forms, applications, application plug-ins and/or services provided through the Site, are owned and/or licensed to and operated by Texas HOA Manager and/or its Affiliates. All right, title and interest in and to the materials provided on this Site and Software, including but not limited to the Operation Guides, Book, Document Library, help-box text, and all other information, instructions, forms, documents, logos, graphics, sounds, and images (the "Materials") are owned either by Texas HOA Manager or one of its Affiliates. Except as otherwise expressly authorized by the owner of such Materials, none of the Materials may be printed, copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, and nothing on this Site or Software shall be construed to confer any license of or under any of Texas HOA Manager's or its Affiliates’ intellectual property rights, whether by estoppel, implication or otherwise. Texas HOA Manager does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Texas HOA Manager. Any rights not expressly granted herein are reserved by Texas HOA Manager and/or its Affiliates.

Texas HOA Manager hereby grants you permission to access the Site, use the Software and/or view the Materials on any single, stand-alone computer, tablet or smart phone solely for your personal, informational, non-commercial use associated with the Association whose HOA Account access to the Site is gained. For the avoidance of doubt, the following are considered examples of commercial uses of the Site, Software and/or Materials which are expressly prohibited:

  1. selling or reselling rights of access to the Site, use of the Software, or view of the Materials;
  2. using the Site or Software to obtain information or create documents for the use of a property owners association other than the Association through which HOA Account access to the Site is gained;
  3. selling or reselling copies of documents created using the Site or Software; and/or
  4. accessing or using the Site, Software, Materials, or documents created using the Site or Software in any manner for financial remuneration from another person or entity.

You may not, under any circumstances:

  1. access the Site, use the Software or view the Materials, except under the terms listed above;
  2. modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover the source code from the binaries of the Site or Software;
  3. create derivative works based on the Site, Software, Materials or documents created using the Site or Software; or
  4. rent, lease, sublicense, convey, distribute or otherwise transfer rights to access the Site, use the Software, view or use the Materials, or use documents created using the Site or Software.

This limited permission to access the Site, use the Software and/or to view or use the Materials terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. Any unauthorized use of any Materials contained on this Site or Software may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes, and you may be subject to personal liability for each such violation.

6.ACCESS TO AND USE OF THE BOOK

Texas HOA Manager provides End-Users with access to the Book through the Site under a license from its author, Gregory S. Cagle. All right, title and interest in and to the Book, including but not limited to all information, logos, graphics, and images contained in the Book and/or of the Book are owned by Gregory S. Cagle. Under Texas HOA Manager’s license, its End-Users may access and view the Book on the Site, but End-Users are expressly prohibited from printing, copying, reproducing, republishing, downloading, uploading, posting, displaying, transmitting or distributing in any way any portion of the Book. All text, information, logos, graphics, images and the selection and arrangement thereof in the Book are copyrighted by Gregory S. Cagle and ALL RIGHTS RELATED THERETO ARE RESERVED.

The Association, Account Administrator and you are expressly prohibited from: (i) licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise making available to any third party the Book or any content therein; (ii) printing, copying, reproducing, republishing, downloading, uploading, posting, displaying, transmitting or distributing in any way any portion of the Book; or (iii) modifying, editing, reproducing, reverse engineering, altering, enhancing, making derivative works based on or referring to or in any way exploiting the Book, its content, or its source code. When accessing or viewing the Book, you agree to obey the terms of this Agreement and you agree to respect the intellectual property rights of Gregory S. Cagle. Your access to the Book is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be legally responsible for any violations of any relevant laws and for any infringements of third party rights caused by you or by someone using your HOA Account and/or End-User Account.

Because the damages associated with a violation of this Article 6 are not subject to reasonable calculation, you agree that if you violate any of the terms of Article 6 herein, you shall be liable to Gregory S. Cagle, or his successor and assigns, for a stipulated damage amount of $50,000 per violation hereof. For such purposes, each act or incident of improper (i) licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise making available to any third party the Book or any content therein; (ii) printing, copying, reproducing, republishing, downloading, uploading, posting, displaying, transmitting or distributing in any way any portion of the Book; or (iii) modifying, editing, reproducing, reverse engineering, altering, enhancing, making derivative works based on or referring to or in any way exploiting the Book, its content, or its source code shall constitute a separate violation. For purposes of illustration, an improper transfer of a copy of the Book by a single email to seven recipients shall constitute seven separate violations of Article 6. In addition to such liquidated damages, Gregory S. Cagle, or his successors and assigns, shall be entitled to pursue all other legal remedies available to him, or his successors and assigns, as a result of such violation, including injunctive relief and recovery of all reasonable and necessary attorneys’ fees incurred in the prosecution of such legal remedies. In the event Gregory S. Cagle, or his successors and assigns, seeks injunctive relief, any bond required by the trial court in conjunction with an injunction shall not exceed the amount of $1,000.00.

7.ACCESS TO AND USE OF OPERATION GUIDES, SOFTWARE AND DOCUMENT LIBRARY

7.1Use of Operation Guides. The Site provides users with access to “Operation Guides,” which consist of general instructions for performing commonly encountered tasks associated with the management and operation of residential property owners associations in Texas. By accessing the Site, you expressly agree that your access to and use of such instructions is subject to and governed by the terms of this Agreement. You understand, acknowledge and agree that the Operation Guides provide general instructions that are not customized to your particular needs or the particular needs or circumstances of your Association, and that such instructions may be preempted or rendered inapplicable by the terms and provisions of the Dedicatory Instruments and other formation and governing documents applicable to your Association (such as its Declaration of Covenants, Conditions and Restrictions, Certificate of Formation, Articles of Incorporation, and/or Bylaws). You further acknowledge and agree that you are responsible for reviewing the terms and provisions of the formation and governing documents applicable to your Association and for determining the applicability and proper use of the Operation Guides for any particular circumstance or management or operational action on behalf of your Association in compliance with any applicable provisions of the formation and governing documents applicable to your Association.

7.2License to view the Operation Guides. Texas HOA Manager grants each End-User associated with an HOA Account a non-exclusive, non-transferable right to access and view the Operation Guides provided on the Site on any single, stand-alone computer, tablet or smart phone solely for such End-User’s personal, informational, non-commercial use in relation to the management and operation of the Association associated with such HOA Account. The Association, Account Administrator and you are expressly prohibited from: (i) licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise making available to any third party the Operation Guides or any content therein; (ii) printing, copying, reproducing, republishing, downloading, uploading, posting, displaying, transmitting or distributing in any way any portion of the Operation Guides; or (iii) modifying, editing, reproducing, reverse engineering, altering, enhancing, making derivative works based on or referring to or in any way exploiting the Operation Guides, its content, or its source code. Your access to and right to view the Operation Guides are at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree to abide by laws regarding copyright ownership and use of intellectual property, and that you shall be legally responsible for any violations of any relevant laws and for any infringements of third party rights caused by you or by someone using your HOA Account and/or End-User Account to access the Operation Guides. This limited permission to view the Operation Guides terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. Any unauthorized use of the Operation Guides contained on this Site or Software may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes, and you may be subject to personal liability for each such violation.

7.3Use of Software and Document Library. The Site provides End-Users associated with an HOA Account with access to and use of certain document template forms for use in the management and operation of the Association associated with such HOA Account and an automated Software solution that allows each such End-Users to prepare customized versions of such document template forms for use in the management and operation of such Association. By accessing or using a document template form on the Site or creating a custom document using the Software, you expressly agree that your access to and use of such document template forms and the Software is subject to and governed by the terms of this Agreement. You understand, acknowledge and agree that each document template form and any applicable instructions or guidance provided by the Site is general in nature and neither the document template forms, nor any applicable instructions, are customized to your particular needs or the particular needs or circumstances of your Association, and that such instructions may be preempted or rendered inapplicable by the terms and provisions of the Dedicatory Instruments and other formation and governing documents applicable to your Association (such as its Declaration of Covenants, Conditions and Restrictions, Certificate of Formation, Articles of Incorporation, and/or Bylaws). You further acknowledge and agree that you are responsible for reviewing the terms and provisions of the Dedicatory Instruments and other formation and governing documents applicable to your Association and for determining the applicability and proper use of any document template forms provided through the Document Library to any particular circumstance or management or operational action.

7.4License to use the Software and Document Library. Texas HOA Manager grants the Account Administrator and each designated Account Director, Managing Agent, Employed Manager and/or Property Manager for an applicable HOA Account a non-exclusive, non-transferable worldwide right to access and use the Software to create customized version of the document template forms provided in the Document Library, subject to the terms of this Agreement. This license allows the Account Administrator and each designated Account Director, Managing Agent, Employed Manager and/or Property Manager, for an applicable HOA Account to access the Document Library and use the Software for personal, non-commercial use of the Association for whom the HOA Account is associated in connection with management and operation of such Association.

The Association, Account Administrator, each designated Account Director, Managing Agent, Employed Manager and/or Property Manager, and you are expressly prohibited from: (i) licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise making available to any third party the Document Library or any content therein; (ii) modifying, editing, reproducing, reverse engineering, altering, enhancing, making derivative works based on or referring to or in any way exploiting the Document Library, its content, or its source code, except for modifications as specifically authorized by the terms of this Agreement; or (iii) using any customized document created through the use of the Software for any commercial use or any other use other than the personal use of the Association with which the HOA Account is associated in connection with management and operation of such Association. In addition, you may not, under any circumstances, remove any copyright notice from any document form provided in the Document Library. All rights not expressly granted to you are reserved by Texas HOA Manager, its Affiliates, and its licensors.

7.5Review of answers. You understand and acknowledge that the Software creates customized documents for use in the operation and management of an Association by inserting information, provided by the End-User through questions posed by the Software, into document templates. BY ACCESSING AND USING THE DOCUMENT LIBRARY OR SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TEXAS HOA MANAGER, THE SITE, NOR THE SOFTWARE REVIEWS ANY OF YOUR ANSWERS TO POSED QUESTIONS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE SOLEY RESPONSIBLE FOR REVIEWING THE CONTENT AND CORRECTNESS OF YOUR ANSWERS, INCLUDING THEIR COMPLETENESS, SPELLING, AND GRAMMAR, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. YOU FURTHER AGREE TO READ EACH FINAL DOCUMENT CREATED BY THE SOFTWARE BEFORE SIGNING IT, USING IT AND/OR RELYING UPON IT, AND YOU AGREE TO BE SOLELY RESPONSIBLE FOR ALL FORM AND SUBSTANCE OF ALL FINAL DOCUMENTS CREATED BY YOU USING THE SOFTWARE.

7.6No guarantee. PROPERTY OWNERS ASSOCIATIONS ARE PRIMARILY GOVERNED BY THEIR DEDICATORY INSTRUMENTS, WHICH OFTEN VARY FROM ASSOCIATION TO ASSOCIATION, AND THE THEIR APPLICATION AND IMPACT UNDER TEXAS LAW ALSO VARIES FROM ASSOCIATION TO ASSOCIATION. FOR SUCH REASONS, TEXAS HOA MANAGER MAKES NO GUARANTEE THAT ANY DOCUMENT TEMPLATE FORM IN THE DOCUMENT LIBRARY IS SUITABLE FOR A PARTICULAR PURPOSE.

NEITHER THE SITE, THE DOCUMENT LIBRARY, SOFTWARE, OPERATION GUIDES, NOR THE BOOK IS INTENDED TO PROVIDE OR SUBSTITUTE FOR ACCOUNTING, LEGAL, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES. THE SITE, DOCUMENT LIBRARY, SOFTWARE, OPERATION GUIDES, AND THE BOOK AND THE INFORMATION CONTAINED IN ANY OF THESE ARE NOT AND SHOULD NOT BE CONSTRUED OR RELIED ON AS LEGAL ADVICE. COMPLIANCE WITH ALL LAWS AND REGULATIONS REMAINS YOUR SOLE AND ABSOLUTE RESPONSIBILITY. BEFORE TAKING ANY BUSINESS OR LEGAL ACTION BASED ON INFORMATION FROM THE SITE, DOCUMENT LIBRARY, SOFTWARE, OPERATION GUIDES, OR THE BOOK, YOU SHOULD CONSULT WITH A LEGAL PROFESSIONAL TO DETERMINE WHETHER SUCH ACTIONS ARE APPROPRIATE FOR YOU BASED ON YOUR ASSOCIATION’S DEDICATORY INSTRUMENTS AND OTHER FORMATION AND GOVERNING DOCUMENTS AND NEEDS. NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF THE SITE, DOCUMENT LIBRARY, SOFTWARE, OPERATION GUIDES, AND THE BOOK.

8.USE OF THE RECORDS ARCHIVE

The Records Archive shall consist of the online storage of documents created through the Software and/or uploaded by the Account Administrator.

8.1Uploading of electronic copies of documents. All documents uploaded to the Site for storage in the Records Archive shall be in PDF format or such other format which the Site is able to convert to PDF format. If a document is converted into PDF format from some other format, Texas HOA Manager is not responsible for any errors created in the document during the conversion process or the results of the conversion process.

8.2Provision of hard copies of documents to Texas HOA Manager for conversion and uploading. In addition to uploading electronic copies of documents to the Records Archive, for additional fees, an Association may send hard copies of documents to Texas HOA Manager to convert to electronic copies and upload to the Association’s Records Archive on its behalf. Associations that send documents to Texas HOA Manager shall not send original documents (each an "Original Document"). Associations using the Records Archive are encouraged to retain their Original Documents and to provide Texas HOA Manager with only copies of Original Documents for conversion and uploading to their Records Archive. Associations should preserve Original Documents in a secure and safe location. The Records Archive is intended to provide online storage of electronic copies of documents, and it is not intended to, nor shall it, serve as a repository for Original Documents. Texas HOA Manager will not accept receipt of Original Documents and, if apparent, will make reasonable efforts to return Original Documents to the sender at the Association’s expense. Texas HOA Manager accepts no liability for preservation of Original Documents submitted and/or received by it, and if an Original Document is submitted to and accepted by Texas HOA Manager, it will be deemed and treated as a non-original copy of an Original Document.

If you or your Association provides Texas HOA Manager with a hard copy document, you acknowledge that Texas HOA Manager may create an electronic copy of such document for storage in the Records Archive and destroy the hard copy. References to "photocopy" and "copy" in this Agreement does not imply that Texas HOA Manager retains hard copies of documents provided to it. The terms "photocopy," "copy," and "electronic copy" are used interchangeably throughout this Agreement.

8.3Format and storage of documents created by the Software in the Records Archive. A copy of all documents created using the Software will be saved and initially stored in the Records Archive for the HOA Account through which the Software was accessed. Texas HOA Manager reserves the right to store documents in the Records Archive in any format.

8.4Non-custodian of Association’s records. Texas HOA Manager shall not serve as a custodian of an Association’s records and each Association is strongly encouraged to download and maintain a permanent copy of all documents created using the Software for its records. By accessing or using the Site, Software and/or Records Archive, you expressly agree that you shall be fully responsible for maintaining your own permanent off-Site copy of all documents created using the Software (either in hardcopy form or in digital form stored elsewhere).

8.5Capacity of allocated storage space. The Records Archive for an Association shall consist of one (1) gigabyte of data storage space (“Storage Capacity”). Texas HOA Manager may allow an Association to increase the Storage Capacity of its Records Archive for additional fees.

8.6Uploading, downloading, accessing, sharing and deletion of documents in the Records Archive. Only the Account Administrator may upload documents to the Records Archive, download documents from the Records Archive, delete documents from the Records Archive and/or modify privacy and access rights of a document stored in the Records Archive.

8.7Denial of access to and deletion of documents in Records Archive in event of default. In the event a HOA Account is in default as a result of the failure to timely pay fees associated with the use and access of the Site, Software, Book, Document Library, Records Archive, and/or Services, or the violation of any terms of the Agreement, all access to and use of the Records Archive for the Association shall be denied and abated until such time as the default is cured. In the event a default remains uncured for more than 30 days, Texas HOA Manager shall be entitled to delete and/or destroy all documents of the Association in its possession and/or stored in its Records Archive.

8.8Downloading or return of documents following termination of a HOA Account. In the event an Account Administrator elects to terminate the HOA Account, if the HOA Account is in good standing in the payment of all fees charged to such account at the time of termination, the Account Administrator shall be afforded a forty-eight hour period (commencing at the time of termination) to download electronic copies of all documents stored in the Association’s Records Archive. For additional fees, the Account Administrator may elect at the time of termination to have Texas HOA Manager download electronic copies of all documents stored in the Association’s Records Archive to a disc or portable drive and send such disc or portable drive to the Account Administrator. The fee for such service shall be $750.00 plus the costs of the disc or portable drive and postage to send such disc or drive to the Account Administrator, which must be paid in advance.

9.BILLING AND PAYMENT OF MONTHLY SUBSCRIPTION FEES

9.1Monthly Subscription Plan and Fee. An Association’s access to and use of the Site, Software, Book, Document Library, Records Archive, and Services shall be authorized and licensed on a monthly subscription basis (hereinafter referred to as the “Monthly Subscription Plan”), which shall require the payment of a monthly subscription fee (hereinafter referred to as the “Monthly Subscription Fee”). An Association’s Monthly Subscription Fee shall be based on the number of lots or units governed by such Association. The most current schedule of Monthly Subscription Fees shall be posted on the Site. Monthly Subscription Fees shall be billed to each Association in U.S. dollars.

9.2Establishment of a Subscription Payment Account. Texas HOA Manager requires Monthly Subscription Fees to be paid through a PayPal account (www.paypal.com). In conjunction with the creation of a HOA Account, each Association shall be required to establish and authorize an automatic recurring monthly subscription payment to Texas HOA Manager through a PayPal account in the amount of the Monthly Subscription Fee applicable to its Monthly Subscription Plan (the “Subscription Payment Account”). All Monthly Subscription Fees will appear in the HOA’s PayPal account as "Texas HOA Manager, LLC." For purpose of this Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that Texas HOA Manager is not in any way affiliated with PayPal, and that the Site, Software, Book, Document Library, Records Archive, and/or Services are neither endorsed, nor sponsored, by PayPal.

9.3Initial and monthly payments of Monthly Subscription Fees. Immediately upon creation of a HOA Account and establishment of the Subscription Payment Account, an Association’s Subscription Payment Account shall be debited an initial prorated amount of the applicable Monthly Subscription Fee then in effect, based on the number of calendar days remaining in that month. Thereafter, an Association’s Subscription Payment Account will be charged the full amount of the applicable Monthly Subscription Fee on the first (1st) day of each calendar month (the “Billing Date”). By establishing an HOA Account and a Subscription Payment Account, the Association agrees to pay Texas HOA Manager such initial prorated amount of the Monthly Subscription Fee, and thereafter the full amount of the Monthly Subscription Fee for each calendar month. By establishing an HOA Account and a Subscription Payment Account, the Association and the Account Administrator further authorizes and agrees that Texas HOA Manager need not and shall not be required to obtain any additional authorization from the Association, the Account Administrator, and/or the owner of the Subscription Payment Account before charging the Association’s Subscription Payment Account on the Billing Date each and every month. In addition, each and every access or use of the Site, Software, Book, Document Library, Records Archive, and/or Services by the Account Administrator or any Director, Managing Agent, Employed Manager or Property Manager associated with the Association’s HOA Account shall constitute re-affirmation of Texas HOA Manager’s authorization to charge the HOA’s Subscription Payment Account that month’s Monthly Subscription Fee. Failure to access or use the Site, Software, Book, Document Library, Records Archive, and/or Services does not constitute a basis for refusing to pay any Monthly Subscription Fees, and Monthly Subscription Fees shall be due and owing to Texas HOA Manager each and every month, regardless of use of the Software by the Association, until the HOA Account is canceled or terminated.

9.4 Automatic Renewal of Monthly Subscription Plan. An Association’s Monthly Subscription Plan shall automatically renew every month, on the first day of each such month, unless and until the HOA Account has been canceled or terminated pursuant to the terms of this Agreement.

9.5Notice of Payment of Monthly Subscription Fee. Upon successful transmission of payment of an Association’s Monthly Subscription Fee, PayPal will email a notice thereof to the owner of the PayPal account used to pay such Monthly Subscription Fee. The Association and Account Administrator acknowledge and agree that any such notice is provided as a courtesy only, and Texas HOA Manager is not obligated or required to provide such notice, and further acknowledge and agree that (i) the recipient’s failure to read or inability to receive such email, or (ii) the failure of PayPal to send such email does not create any liability on the part of Texas HOA Manager, PayPal or any other third-party service provider.

9.6Disputed Charges. If an Association or its Account Administrator disputes any Monthly Subscription Fees, the Account Administrator should contact Texas HOA Manager’s Support Team immediately at (855) 746-2211 or Support@TexasHOAManager.com, and Texas HOA Manager will investigate the matter.

9.7Monthly Subscription Fee Adjustments. Monthly Subscription Fees shall be subject to modification or adjustment at any time (a “Monthly Subscription Fee Adjustment”), at the sole discretion of Texas HOA Manager. At least thirty (30) days prior to increasing the amount of an Association’s Monthly Subscription Fee, Texas HOA Manager shall email the Association’s Account Administrator notice of such increase. If the Account Administrator does not terminate the Association’s HOA Account within thirty (30) days from the date of such email notification, the Association shall be deemed to have accepted the increased Monthly Subscription Fee and the new rate shall become effective on the first Billing Date following the expiration of such 30-day period. Reductions in an Association’s Monthly Subscription Fee shall become effective on the first Billing Date to occur after the adoption of such reduced Monthly Subscription Fee by Texas HOA Manager. In addition, any access or use of the Site, Software, Book, Document Library, Records Archive, and/or Services by the Account Administrator or any Director, Managing Agent, Employed Manager or Property Manager associated with the Association’s HOA Account after Texas HOA Manager emails notice of a Monthly Subscription Fee Adjustment to the Association’s Account Administrator shall constitute agreement and consent to any and all such adjustments to the Monthly Subscription Fee and/or the Subscription Payment Account.

9.8Update of HOA Account and Subscription Payment Account Information. By creating a HOA Account and establishing a Subscription Payment Account, an Association and its Account Administrator acknowledge and agree to keep current and updated the credit card, debit card or bank account that is associated with its Subscription Payment Account or is otherwise used by PayPal to pay the Association’s Monthly Subscription Fees. The Association and its Account Administrator further acknowledge and agree to notify PayPal immediately of any changes to the credit card, debit card or bank account that is associated with its Subscription Payment Account or is otherwise used by PayPal to pay the Association’s Monthly Subscription Fees, including its expiration date, and/or billing address; or if an applicable credit card, debit card or bank account expires or is canceled for any reason, the Association and its Account Administrator further acknowledge and agree to update such PayPal account with a new valid credit card, debit card or bank account.

9.9Default. If a Monthly Subscription Fee charge to the Association’s Subscription Payment Account is declined for any reason, or such charge is returned for any reason, including through a chargeback, or the Monthly Subscription Fee otherwise fails to be successfully processed or transmitted to Texas HOA Manager by PayPal on the Billing Date, the HOA Account shall immediately be declared to be in default. In such event, if such default is not cured within five (5) days thereof, the HOA Account shall be placed on hold and all access to and use of the Site, Software, Book, Document Library, Records Archive, and/or Services through such HOA Account shall be suspended until the default is cured by payment in full of the delinquent Monthly Subscription Fee. During such suspension period, Texas HOA Manager may make up to five additional attempts to charge the Monthly Subscription Fee or other outstanding charge to the Association’s Subscription Payment Account. If the delinquent Monthly Subscription Fee or other outstanding charge is not paid in full before the occurrence of the next Billing Date, the Association’s HOA Account shall be terminated.

10.CANCELLATION OR TERMINATION OF A HOA ACCOUNT

10.1Cancellation of a HOA Account by an Association. An Association’s HOA Account may be canceled at any time. To cancel a HOA Account, simply login to the PayPal account used to pay the Association’s Monthly Subscription Fees and cancel the automatic reoccurring monthly subscription payment to Texas HOA Manager. The Association shall not receive any refund of Monthly Subscription Fees previously paid to Texas HOA Manager prior to the date of cancellation and the Association shall remain liable for any and all unpaid Monthly Subscription Fees or other outstanding charges owed by the Association to Texas HOA Manager at the time of cancellation. If at the time of cancellation the Association’s HOA Account is not in default, the Association’s access and use of the Site, Software, Book, Document Library, Records Archive, and/or Services shall remain available until the occurrence of the first Billing Date following the cancellation of the Monthly Subscription Plan. If at the time of cancellation the Association’s HOA Account is in default, the Association’s access and use of the Site, Software, Book, Document Library, Records Archive, and/or Services shall terminate immediately.

10.2Termination of an Association’s suspended HOA Account by Texas HOA Manager. If an Association’s HOA Account is suspended due to an unpaid Monthly Subscription Fee and such default has not been cured by the next Billing Date, the Association’s HOA Account shall be terminated immediately without notice from Texas HOA Manager. Upon termination of the Association’s HOA Account, all rights to access or use of the Site, Software, Book, Document Library, Records Archive, and/or Services by the Account Administrator or any Director, Managing Agent, Employed Manager or Property Manager associated with the Association’s HOA Account shall terminate immediately. If an Association wishes to reactivate its HOA Account after such termination, the Association must pay a reactivation fee of $50.00 and the full amount of any unpaid delinquent Monthly Subscription Fees that accrued prior to the date of termination.

10.3Termination or Cancellation of an Association’s non-suspended HOA Account by Texas HOA Manager. In all other circumstances where an Association’s HOA Account is in good-standing and all Monthly Subscription Fees are paid up to date, Texas HOA Manager may terminate an Association’s HOA Account at any time, with or without cause, at its sole discretion. Upon termination, Texas HOA Manager, at its sole discretion, may elect to either: (1) allow the Association to continue to access or use of the Site, Software, Book, Document Library, Records Archive, and/or Services until the occurrence of the first Billing Date following the cancellation of the HOA Account; or (2) terminate immediately all rights to access or use of the Site, Software, Book, Document Library, Records Archive, and/or Services by the Account Administrator or any Director, Managing Agent, Employed Manager or Property Manager associated with the Association’s HOA Account. In the event of the former, the Association shall not be entitled to any refund of any Monthly Subscription fees previously paid by the Association to Texas HOA Manager prior to the date of termination. In the event of the latter, Texas HOA Manager, as the Association’s sole remedy, shall refund to the Association a prorated amount of the Monthly Subscription Fee for the remaining portion of the month in which the HOA Account is canceled by Texas HOA Manager based on the number of calendar days remaining in that month.

11.CONTENT

11.1You are responsible for all content provided to Texas HOA Manager. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Site, Software, Membership Directory and Records Archive. You grant Texas HOA Manager a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Site, Software, Membership Directory and Records Archive. You agree not to use the Site, Software, Membership Directory or Records Archive for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Site, Software, Membership Directory and Records Archive. You agree that you will not use the Site, Software, Membership Directory and Records Archive to share, store, or in any way distribute financial data that is not in accordance with the law. Any End-Users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their HOA Accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Texas HOA Manager is not responsible for the Content or data you provide through your use of the Site, Software, Membership Directory and Records Archive.

You agree not to use the Site, Software, Membership Directory and Records Archive to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  1. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
  2. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
  3. Except as otherwise permitted by Texas HOA Manager in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  4. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
  5. Any information, software or Content which is not legally yours and/or that may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

11.2Community forums. The Site may include access to a community forum to exchange information with other subscribers to the Site and the public. Please use respect when you interact with other users. Texas HOA Manager does not support and is not responsible for the accuracy of others’ Content in these community forums. Do not reveal information in the community forum that you do not want to make public.

Texas HOA Manager may, but has no obligation to, monitor Content provided on the community forum. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Texas HOA Manager, its Affiliates or its End-Users, or operate the Site and Software properly. Texas HOA Manager, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

11.3Texas HOA Manager may freely use feedback you provide. You agree that Texas HOA Manager may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site, Software, Membership Directory, Records Archive, other products or services, advertising or marketing materials. You grant Texas HOA Manager a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Texas HOA Manager in any way. Texas HOA Manager will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

11.4Reviews, Comments, Communications, and Other Content. At various locations on the Site or through certain applications, Texas HOA Manager may permit visitors to post ratings, reviews, comments, and other content ("Visitor Content") on the Site. Texas HOA Manager is not the publisher or author of the Visitor Content. Texas HOA Manager takes no responsibility and assumes no liability for any Visitor Content posted by you or any third party. Texas HOA Manager has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any Visitor Content.

11.5Rights and Responsibilities of End-Users or Other Posters of Visitor Content. You are legally and ethically responsible for any Content - writings, files, pictures or any other work - that you post or transmit using any Texas HOA Manager service that allows interaction or dissemination of information. In posting Content, you agree that you will not submit any content:

  1. that is known by you to be false, inaccurate or misleading;
  2. that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);
  4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation;
  5. that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
  6. that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
  7. that contains any computer virus, worms, or other potentially damaging computer programs or files;
  8. that otherwise violates these Terms of Use.

Under United States federal law, you retain copyright on all works you create and post as Content or Visitor Content, unless you choose specifically to renounce it. In posting a work as Content or Visitor Content, you authorize other End-Users or visitors to the Site who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

You grant Texas HOA Manager a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate any and all Content or Visitor Content that you post on the Site into any form, medium, or technology throughout the world without compensation to you.

12.LINKS TO THIRD PARTY SITES

This Site and Software may contain links to websites controlled by parties other than Texas HOA Manager (each a "Third Party Site"). Texas HOA Manager works with a number of partners and affiliates whose sites are or may become linked with Texas HOA Manager. Texas HOA Manager may also provide links to other citations or resources with whom it is not affiliated. Texas HOA Manager is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Texas HOA Manager makes no guarantees about the content or quality of the products or services provided by such sites. Texas HOA Manager is not responsible for webcasting or any other form of transmission received from any Third Party Site. Texas HOA Manager is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Texas HOA Manager of the Third Party Site, nor does it imply that Texas HOA Manager sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Texas HOA Manager is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

13.SECURITY

Although we cannot make an absolute guarantee of system security, Texas HOA Manager takes reasonable steps to maintain the integrity and security of its system and Site. If you have reason to believe system security has been breached, contact us by email for help. If Texas HOA Manager's technical staff finds that files or processes belonging to an End-User pose a threat to the proper technical operation of the system or to the security of other End-Users, Texas HOA Manager reserves the right to delete those files or to stop those processes. If the Texas HOA Manager’s technical staff suspects an End-User Account is being used by someone who is not authorized by the proper user, Texas HOA Manager may temporarily disable that End-User's access in order to preserve system security. In all such cases, Texas HOA Manager will endeavor to notify such End-User of the disabled End-User Account as soon as feasible. Texas HOA Manager reserves the right to refuse service to anyone and to cancel End-User access at any time.

14.COPYRIGHTS

All Site design, text, graphics, the selection and arrangement thereof, are copyrighted by Texas HOA Manager and/or its Affiliates and ALL RIGHTS RELATED THERETO ARE RESERVED. In addition, all information, forms, software, and other material provided through the Site, as well as the Book, are subject to copyright protection by Texas HOA Manager and/or its Affiliates and ALL RIGHTS RELATED THERETO ARE RESERVED.

15.TRADEMARKS

Texas HOA Manager, TexasHOAManager.com, the house adorned with the “Texas flag” logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Texas HOA Manager and/or its Affiliates. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

16.COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing or using the Site, Software, Book, Document Library, Records Archive, Services, and/or Materials, you agree to obey the law and you agree to respect the intellectual property rights of others. Your access and use of the Site, Software, Book, Document Library, Records Archive, Services, and/or any software, information, forms, applications, application plug-ins and/or services provided through the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your HOA Account and/or End-User Account.

Texas HOA Manager shall have the right to immediately remove any content, information, article or materials that have infringed on the rights of Texas HOA Manager or its Affiliates or of a third party or that violate intellectual property rights generally. Texas HOA Manager's policy is to remove such infringing content or materials and investigate such allegations immediately.

17.TEXAS HOA MANAGER’S RIGHT TO SUSPEND AN END-USER ACCOUNT

If Texas HOA Manager encounters evidence of suspicious activity in connection with your End-User Account, including, but not limited to, evidence that your End-User Account is being used by someone who is not authorized to do so or is being used in a manner that violates the terms of this Agreement, you acknowledge and agree that Texas HOA Manager, in its sole discretion, may opt to temporarily disable your End-User Account for a reasonable amount of time in order to investigate such matter. In the event that Texas HOA Manager disables your End-User Account, you further understand that, absent a subpoena or court order, no information about your End-User Account will be provided to anyone outside Texas HOA Manager, including you, until the investigation is complete. Additionally, you acknowledge and agree that Texas HOA Manager, in its sole discretion, may decide not to allow you to have any access to the Site and/or any software, information, forms, applications, application plug-ins and/or services provided through the Site, while your End-User Account is disabled. You further acknowledge and agree that Texas HOA Manager will not be liable for any delays caused by these policies and procedures. Finally, you also acknowledge and agree that you will not be entitled to any reduction in the amount of the Monthly Subscription Fee to be paid or a return of any portion of a paid Monthly Subscription Fee because of any such suspension of your End-User Account unless your End-User Account is later reinstated and such suspension exceeded more than ten (10) business days. In such event, any such reduction or refund shall be calculated on a prorated basis, based on the number of days in excess of ten (10) that your account was suspended. Texas HOA Manager shall have the exclusive discretion and authority to elect between a reduction in the amount of Monthly Subscription Fees to be paid or returning a portion of a paid Monthly Subscription Fee.

18.PRIVACY POLICY

Texas HOA Manager respects your privacy. A complete statement of Texas HOA Manager's current Privacy Policy can be found on the Site. Texas HOA Manager's Privacy Policy is expressly incorporated into this Agreement by reference.

In connection with the use of certain Texas HOA Manager products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Texas HOA Manager a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Texas HOA Manager at any time by canceling your HOA Account.

19.USE AND CONFIDENTIALITY OF END-USER ACCOUNT AND PASSWORD

When you create an End-User account to use or access certain portions of the Site and Software, you must provide an email address and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's End-User Account, email address or password at any time. You agree to notify Texas HOA Manager immediately of any unauthorized use of your End-User Account, email address or password. Texas HOA Manager shall not be liable for any losses you incur as a result of someone else's use of your End-User Account or password, either with or without your knowledge. You may be held liable for any losses incurred by Texas HOA Manager or our Affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your End-User Account or password.

20.HELP AND SUPPORT

Texas HOA Manager may use a variety of methods (e.g., in-product, Internet, chat, e-mail and phone) to provide technical support and End-User services in connection with the Site and/or any software, information, forms, applications, application plug-ins and/or services provided through the Site. The terms and conditions governing the offering of this support are subject to change as announced by Texas HOA Manager from time to time. Consult the Site’s customer support page (currently, http://support.texashoamanager.com) for the most up-to-date information relating to this support. In addition, by using Texas HOA Manager’s customer support, you authorize Texas HOA Manager to collect certain data files in order to provide you with a better customer support experience.

21.ADDITIONAL PRODUCTS AND SERVICES

21.1We may tell you about other Texas HOA Manager services. You may be offered other services, features, products, applications, online communities, or promotions provided by Texas HOA Manager ("Texas HOA Manager Products and Services"). If you decide to use any of these Texas HOA Manager Products or Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Texas HOA Manager Products and Services you may upload or enter data such as names, addresses and phone numbers, purchases, and other data to the Internet. You grant Texas HOA Manager permission to use any and all information you provide to it about yourself or about your experience so that we can provide the Texas HOA Manager Products and Services to you, monitor and analyze your use of such products and services, maintain and update your data, and address errors or service interruptions. We may use this data to improve current products and services, enhance future products and services, identify potentially relevant offers, and produce anonymous research data. You grant Texas HOA Manager permission to combine the data you have entered or uploaded with that of others in a way that does not identify you or any individual personally. You also grant Texas HOA Manager permission to share or publish summary results relating to such research data and to distribute or license such data to third parties.

21.2We may tell you about third party products or services. Subject to the Texas HOA Manager Privacy Policy, Texas HOA Manager may offer products and services on behalf of third parties who are not affiliated with Texas HOA Manager ("Third-Party Products and Services") or the Site may contain links to third party websites ("Third-Party Sites"). You agree that Texas HOA Manager can use your contact information, including name, mailing address and email address, for the purpose of offering these products and services to you in accordance with the Privacy Policy. If you decide to use any Third-Party Products and Services or access any Third-Party Sites, you are responsible for reviewing the third-party’s separate product terms, website terms and privacy policies. You agree that the third-parties, and not Texas HOA Manager, are responsible for their product’s and services’ performance and the content on their websites. Texas HOA Manager is not affiliated with these Third-Party Products and Services or Third-Party Sites and has no liability for them.

22.INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU AGREE TO INDEMNIFY AND HOLD TEXAS HOA MANAGER AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF YOUR ACCESS AND USE OF THE SITE AND/OR ANY SOFTWARE, INFORMATION, FORMS, APPLICATIONS, APPLICATION PLUG-INS AND/OR SERVICES PROVIDED THROUGH THE SITE OR BREACH OF THIS AGREEMENT (COLLECTIVELY REFERRED TO AS "Claims"). TEXAS HOA MANAGER RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS. YOU AGREE TO REASONABLY COOPERATE AS REQUESTED BY TEXAS HOA MANAGER IN THE DEFENSE OF ANY SUCH CLAIMS.

IN ADDITION, BY ACCESSING OR USING THE SITE AND/OR ANY SOFTWARE, INFORMATION, FORMS, APPLICATIONS, APPLICATION PLUG-INS AND/OR SERVICES PROVIDED THROUGH THE SITE, YOU AGREE TO HOLD TEXAS HOA MANAGER AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF TEXAS HOA MANAGER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN THE EVENT TEXAS HOA MANAGER SHOULD VIOLATE ANY TERMS OF ITS AGREEMENT WITH AN END-USER OR COMMIT ANY ACT OR OMISSION FOR WHICH IT MAY BE LIABLE FOR CIVIL DAMAGES TO AN END-USER RELATED TO THIS AGREEMENT OR SUCH END-USER’S ACCESS OR USE OF THE SITE, SOFTWARE, BOOK, MEMBERSHIP DIRECTORY, DOCUMENT LIBRARY, RECORDS ARCHIVE, AND/OR SERVICES (“End-User Claims”), TEXAS HOA MANAGER’S LIABILITY FOR ALL SUCH DAMAGES, INCLUDING ATTORNEYS FEES, RELATED TO OR ARISING OUT OF ANY END-USER CLAIMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY SUCH END-USER TO TEXAS HOA MANAGER FOR ACCESS TO AND USE OF THE SITE DURING THE MOST RECENT TWELVE (12) MONTH PERIOD. UNDER NO CIRCUMSTANCES SHALL TEXAS HOA MANAGER BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES SUFFERED BY END-USER AND END-USER ALSO WAIVES ANY CLAIM FOR ATTORNEYS FEES WHICH END-USER MAY ASSERT UNDER TEXAS LAW. IN ADDITION, AN END-USER CLAIM MUST BE BROUGHT AGAINST TEXAS HOA MANAGER WITHIN ONE (1) YEAR OF SUCH CLAIM ACCRUING, THE FAILURE OF WHICH SHALL RENDER SUCH CLAIM TIME BARRED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TEXAS HOA MANAGER, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO TEXAS HOA MANAGER DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, TEXAS HOA MANAGER AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET TEXAS HOA MANAGER SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF TEXAS HOA MANAGER AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF TEXAS HOA MANAGER, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.

23.NO WARRANTY

THE SITE, SOFTWARE, BOOK, DOCUMENT LIBRARY, RECORDS ARCHIVE, SERVICES, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TEXAS HOA MANAGER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TEXAS HOA MANAGER MAKES NO WARRANTY THAT: (A) THE SITE, SOFTWARE, BOOK, DOCUMENT LIBRARY, RECORDS ARCHIVE, SERVICES, OR MATERIALS WILL MEET YOUR PARTICULAR REQUIREMENTS; (B) THE SITE, SOFTWARE, BOOK, DOCUMENT LIBRARY, RECORDS ARCHIVE, SERVICES, OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SOFTWARE, BOOK, DOCUMENT LIBRARY, RECORDS ARCHIVE, SERVICES, OR ANY MATERIALS OFFERED THROUGH THE SITE OR SOFTWARE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SOFTWARE, BOOK, DOCUMENT LIBRARY, RECORDS ARCHIVE, SERVICES, OR MATERIALS, OR IN RELIANCE ON SAME WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY SERVICE, FORM, INFORMATION OR MATERIALS THROUGH THE USE OF THE SITE, SOFTWARE, BOOK, DOCUMENT LIBRARY, RECORDS ARCHIVE, SERVICES, OR MATERIALS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TEXAS HOA MANAGER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

YOUR USE OF THE SITE AND CONTENT ACCESSIBLE THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SITE, SOFTWARE, BOOK, DOCUMENT LIBRARY, RECORDS ARCHIVE, SERVICES, AND MATERIALS ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEXAS HOA MANAGER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SITE, SOFTWARE, BOOK, DOCUMENT LIBRARY, RECORDS ARCHIVE, SERVICES, AND MATERIALS ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SITE. TEXAS HOA MANAGER AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SITE, SOFTWARE, BOOK, DOCUMENT LIBRARY, RECORDS ARCHIVE, SERVICES, OR MATERIALS IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FURTHER, TEXAS HOA MANAGER DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE SOFTWARE. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DOES NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 30 DAYS FROM THE DATE THE ASSOCIATION ACCOUNT IS CREATED OR THE SITE IS INITIALLY ACCESSED FOR THE FIRST TIME, WHICHEVER IS SOONER.

24.CHANGES TO THE SITE

The Site, Software, Book, Membership Directory, Document Library, and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance their features and performance. You agree to accept all such updates, and further agree that Texas HOA Manager may update any features of the Site, Software, and all other information, forms, applications, application plug-ins and/or services provided through the Site at any time. Texas HOA Manager further reserves the right to modify and/or discontinue the Site, Software, Book, Membership Directory, Document Library, and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site, in whole or in part, including but not limited to, any feature or aspect of the Site, Software, Book, Membership Directory, Document Library, pricing, technical support options, and/or other product-related policies. By continuing to access and use the Site following any such update, modification and/or discontinuation shall constitute your agreement thereof.

25.MISCELLANEOUS PROVISIONS

25.1Additional Terms of Service. Some Texas HOA Manager Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms of Service") and your use of such Services will be conditioned on your agreement to the Additional Terms of Service. If there is any conflict between these Terms of Use and the Additional Terms of Service, the Additional Terms of Service will control for that Service, unless the Additional Terms of Service expressly state that these Terms of Use will control.

25.2Access to World Wide Web; Internet Delays. To access or use the Site and/or any software, information, forms, applications, application plug-ins and/or services provided through the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to and use of the Site and/or any software, information, forms, applications, application plug-ins and/or services provided through the Site may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand and agree that Texas HOA Manager is not responsible for delays, delivery failures, or other damage resulting from such problems.

25.3Unsolicited Submissions. Texas HOA Manager does not want you to submit confidential or proprietary information to us through this Site, Software, applications, application plug-ins and/or services provided through the Site. All comments, feedback, information or material submitted to Texas HOA Manager through or in association with this Site shall be considered non-confidential and Texas HOA Manager's property. By providing such submissions to Texas HOA Manager you hereby assign to Texas HOA Manager, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Texas HOA Manager shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

25.4Communications choices. Texas HOA Manager may be required by law to send you communications about the Site, Texas HOA Manager Products and Services, or Third-Party Products and Services. You agree that Texas HOA Manager may send these communications to you via email. We may also send business communications such as confirmations or notices, which will be delivered to you via email. You are required to receive these communications.

25.5Right to refuse. You acknowledge and agree that Texas HOA Manager reserves the right to refuse service to anyone.

25.6Texas HOA Manager exists solely within the County of Travis in the State of Texas. By using this Site and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Texas, excluding its choice of law rules. You further agree that Texas law shall govern any disputes arising from your use of the Site and/or any software, information, forms, applications, application plug-ins and/or services provided through the Site.

You further agree that regardless of where you reside or where your browser is physically located, your viewing and use of the Site occurs solely within the County of Travis in the State of Texas, and that all content and services shall be deemed to be served from, and performed wholly within, Travis County, Texas, as if you had physically traveled there to obtain such service. You further agree that venue for any legal action or proceeding relating to your access to or use of the Site, and/or any software, information, materials, forms, applications, application plug-ins and/or services provided through the Site, or this Agreement shall be restricted to Travis County, Texas.