Texas Small Business Association®
Membership Terms of Service

Texas SBA® Membership, Inc., (Texas SBA® Membership / Texas Small Business Association® Membership) provides membership at the Student, Up to 20 Employees, Up to 99 Employees, Promotor, Corporate, Government and Non-Profit, Leadership, and Polo Club Levels (collectively, "Texas SBA® Membership"), according to the standards set forth in these Terms and Conditions ("Agreement" or "Contract").

As an applicant for Texas SBA® Membership, you, the applicant, on behalf of yourself as well as your company, heirs, agents, successors, and assigns, ("membership") acknowledge that you have read, understand, and agree to be bound by all terms and conditions set forth in this Agreement and included by reference.

By submitting an application for Texas SBA® Membership, you acknowledge that this Agreement is legally binding under the laws of the United States of America and upon submission you have entered into a legally enforceable Contract ("click through contract") with Texas SBA® Membership, as though a physical signature was provided. If you do not agree to the terms and conditions of this Agreement, you are expressly prohibited from applying for Texas SBA® Membership. Texas SBA® Membership may, from time to time, within our sole and absolute discretion, modify, limit, change, discontinue, or replace this Agreement or any portion thereof. It is your responsibility to review this agreement WHERE PUBLISHED ON www.texassmallbusinessassociation.org on a regular basis to keep yourself informed of any modifications. In the event we modify, limit, change, or replace all or any portion of this Agreement, NOTIFICATION is DEEMED made immediately upon publication of THE MODIFICATION, LIMITATION, CHANGE, OR REPlACEMENT ON THE Texas SBA® Membership website (www.texassmallbusinessassociation.org), and your continued use and/or promotion of your Texas SBA® Membership thereafter, constitute(s) your manifestation of assent to the modification, limitation, change, or replacement. This Agreement is effective as of the date your application is submitted to Texas SBA® Membership or your payment is processed.

The term of this Contract is one (1) year (365 days) from the date of the electronic submission of this Agreement (Contract) or the date that the annual membership fees are successfully processed.

1. REPRESENTATIONS AND WARRANTIES.

Electronically submitting this Agreement constitutes your willingness to enter into this Contract, and representation and warranty by You that You are at least eighteen (18) years of age; have the right, power, legal capacity and appropriate authority to contract on behalf of the company; and are an authorized agent of the company and the owner(s) listed on company documents.

Texas SBA® Membership has not, is not, and will not make any guarantees, promises, or warranties that your company will gain financial benefit or develop business relationships with other members as a result of your Texas SBA® Membership. Texas SBA® makes no representations regarding the quality, safety, morality, or legality of any aspect of any Texas SBA® Membership participant's / company's business, products, or services.

2. MEMBERSHIP LEVELS AND APPROPRIATE USES.

(A). MEMBERSHIP LEVELS

Membership with Texas SBA® Membership is offered at six different levels for six different prices. You, the applicant determines which level of membership with Texas SBA® Membership you purchase in accordance with your educational status, number of company employees, or marketing interests. The features included within each membership level are detailed below:

Student Level

  • Member Discounts with Local & National Merchants
  • Internship & Career Opportunities with Texas Small Business Association®
  • Subscription to Texas SBA® Magazine
  • 1 Admission Ticket to Major Texas SBA® Events
  • Assistance Establishing College or University Business Club with Support from Texas Small Business Association®

Up to 20 Employees
  • Member Discounts with Local & National Merchants
  • Networking Opprtunities with Texas Small Business Association® Membership
  • Texas SBA® Membership Welcome Kit
  • Priority Acess to Texas SBA® Services
  • 2 Membership Badges, 3 Decals, & Texas SBA® Logo Usage for Marketing Materials
  • Subscription to Texas SBA® Magazine
  • 2 Admission Tickets to Major Texas SBA® Events
  • Membership Recognition on Texas SBA® Website(s) & Member's Only Website Access

Up to 99 Employees
  • Member Discounts with Local & National Merchants
  • Networking Opprtunities with Texas Small Business Association® Membership
  • Texas SBA® Membership Welcome Kit
  • Priority Acess to Texas SBA® Services
  • 2 Membership Badges, 3 Decals, & Texas SBA® Logo Usage for Marketing Materials
  • Subscription to Texas SBA® Magazine
  • 2 Admission Tickets to Major Texas SBA® Events
  • Membership Recognition on Texas SBA® Website(s) & Member's Only Website Access

Promotor
  • Member Discounts with Local & National Merchants
  • Networking Opprtunities with Texas Small Business Association® Membership
  • Texas SBA® Membership Welcome Kit
  • Priority Acess to Texas SBA® Services
  • 3 Membership Badges, 5 Decals, & Texas SBA® Logo Usage for Marketing Materials
  • Subscription to Texas SBA® Magazine
  • Membership Recognition on Texas SBA® Website(s) & Member's Only Website Access
  • Signage at Major Texas SBA® Events
  • Online & Print Advertising on Texas SBA® & Texas Small Business Association® Media

Corporate
  • Member Discounts with Local & National Merchants
  • Networking Opprtunities with Texas Small Business Association® Membership
  • Texas SBA® Membership Welcome Kit
  • Priority Acess to Texas SBA® Services
  • 5 Membership Badges, 10 Decals, & Texas SBA® Logo Usage for Marketing Materials
  • Subscription to Texas SBA® Magazine
  • Membership Recognition on Texas SBA® Website(s) & Member's Only Website Access
  • Signage at Major Texas SBA® Events
  • Online & Print Advertising on Texas SBA® & Texas Small Business Association® Media
  • White Label Partnership & Exclusive Marketing Rights with Texas SBA® & Texas Small Business Association®
  • Co-Branding Opportunities Rights with Texas SBA® & Texas Small Business Association®
  • Texas SBA® Membership Committee Appointment

Government & Non-Profits
  • Member Discounts with Local & National Merchants
  • Networking Opprtunities with Texas Small Business Association® Membership
  • Texas SBA® Membership Welcome Kit
  • Priority Acess to Texas SBA® Services
  • 5 Membership Badges, 10 Decals, & Texas SBA® Logo Usage for Marketing Materials
  • Subscription to Texas SBA® Magazine
  • Membership Recognition on Texas SBA® Website(s) & Member's Only Website Access
  • 1 Exhibitor Booth & Signage at Major Texas SBA® Events
  • Online & Print Advertising on Texas SBA® & Texas Small Business Association® Media
  • White Label Partnership & Exclusive Marketing Rights with Texas SBA® & Texas Small Business Association®
  • Co-Branding Opportunities with Texas SBA® & Texas Small Business Association®
  • Texas SBA® Membership Committee Appointment

Leadership
  • Texas SBA® Ambassador Appointment
  • Member Discounts with Local & National Merchants
  • Networking Opprtunities with Texas Small Business Association® Membership
  • Texas SBA® Membership Welcome Kit
  • Priority Acess to Texas SBA® Services
  • Unlimited Membership Badges, Unlimited Decals, & Texas SBA® Logo Usage for Marketing Materials
  • Subscription to Texas SBA® Magazine
  • Membership Recognition on Texas SBA® Website(s) & Member's Only Website Access
  • 2 Exhibitor Booth & Signage at Major Texas SBA® Events
  • Online & Print Advertising on Texas SBA® & Texas Small Business Association® Media
  • White Label Partnership & Exclusive Marketing Rights with Texas SBA® & Texas Small Business Association®
  • Co-Branding Opportunities with Texas SBA® & Texas Small Business Association®
  • Product Endorsement by with Texas SBA® & Texas Small Business Association®

Polo Club
  • Texas SBA® Polo Team Corporate Sponsorship- Worldwide
  • Texas SBA® Ambassador Appointment
  • Member Discounts with Local & National Merchants
  • Networking Opprtunities with Texas Small Business Association® Membership
  • Texas SBA® Membership Welcome Kit
  • Priority Acess to Texas SBA® Services
  • Unlimited Membership Badges, Unlimited Decals, & Texas SBA® Logo Usage for Marketing Materials
  • Subscription to Texas SBA® Magazine
  • Membership Recognition on Texas SBA® Website(s) & Member's Only Website Access
  • 2 Exhibitor Booth & Signage at Major Texas SBA® Events
  • Online & Print Advertising on Texas SBA® & Texas Small Business Association® Media
  • White Label Partnership & Exclusive Marketing Rights with Texas SBA® & Texas Small Business Association®
  • Co-Branding Opportunities with Texas SBA® & Texas Small Business Association®
  • Product Endorsement by with Texas SBA® & Texas Small Business Association®

(B) ACCURATE INFORMATION

You agree that Texas SBA® Membership may use and rely on any information provided by You for all purposes related to Your membership with Texas SBA® Membership. If You provide any information that is inaccurate, not current, false, misleading, or incomplete; or if Texas SBA® Membership has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, or incomplete; Texas SBA® Membership has the absolute right, in accordance with its due process policies, to terminate your membership with Texas SBA® Membership and publish the termination on the website www.texassbaboycottlist.com. You will be required to cease-and-desist all promotion and usage of Texas SBA® Membership except in a factually accurate reference to your past and current status with Texas SBA® Membership, or in reference to the Texas SBA® Membership website(s).

Additionally, you hereby acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. We may assign our rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Texas SBA® Membership.

Texas SBA® Membership reserves the right, in accordance with its due process policies, to terminate your membership in the Texas SBA® Membership if your participation results in, or is the subject of, legal action or threatened legal action, against Texas SBA® Membership or any of its affiliates or partners, and to terminate without consideration for whether the legal action or threatened legal action is ultimately determined to be with or without merit.

3. PAYMENTS.

A. Initial Payment.

Successful processing by Texas SBA® Membership of your payment constitutes acknowledgement of your membership with Texas SBA® Membership. The successful processing of payment by Texas SBA® Membership will serve as entrance into Contract between You and Texas SBA® Membership, and the appearance of credit / debit card charges on Your credit card / debit card statement will serve as Your receipt for the transaction. You agree that all fees paid to and processed by Texas SBA® Membership are immediately the property of Texas SBA® Membership and are non-refundable. Applications that fail successful payment processing twice (two (2) times) will be denied future opportunities for membership with Texas SBA® Membership.

Cardholders that claim the electronic payment for membership with Texas SBA® Membership were unauthorized are not eligible for any refund or return of fees paid and processed by Texas SBA® Membership. It is the responsibility of all debit and credit cardholders to safe-guard their information and therefore it is not the responsibility of Texas SBA® Membership nor the liability of Texas SBA® Membership for an individual or company's negligence as a debit and credit cardholder.

B. Renewals

This Agreement is automatically renewed on the 365th day. Cancellation must be requested and sent via email to membership@texassba.org no less than 30 days prior to the date of renewal to be recognized as valid. Confirmation by Texas SBA® Membership of the cancellation request will be sent to the company's point-of-contact via email and serves as the only and official acknowledgment of renewal payment cancellation. Renewal payments for membership with Texas SBA® Membership are automatically processed no earlier than 364 days from the date of the previous successful payment using the credit card / debit card information provided in the previous electronic submission with Texas SBA® Membership.

If the participant fails to timely cancel this Agreement prior to the renewal date (no less than 30 days), the participant remains obligated to Texas SBA® Membership for the total amount of the renewal fee. Failure to pay or timely request cancellation will result in the initiation of legal action by Texas SBA® Membership against You for collection of the owed renewal fees. Member has fourteen (14) days to honor payment by completing a new online application with valid credit / debit card data at www.texassba.org or www.texassmallbusinessassociation.org. Failure to resolve the owed renewal fee payment within 14 days after email notification is sent by Texas SBA® Membership informing the participant company's point of contact that payment was not received, will entitle Texas SBA® Membership to commence collection and / or other legal recourse procedures as outlined in the Dispute Resolution Section of this Agreement on the 15th day after initial renewal fee payment failure.

If for any reason Texas SBA® Membership is unable to successfully process payment for the renewal fee, Texas SBA® Membership reserves the right to require that You complete a new online application and provide a new and valid payment method in lieu of the automatic annual renewal. The unsuccessful processing of renewal fee payment does not terminate this Contract or your obligation to honor the renewal fee, and will constitute a breach of contract. Such breach of contract entitles Texas SBA® Membership to pursue legal recourse as outlined in Dispute Resolution section of this Agreement to recover the owed renewal fee.

C. "Chargebacks"

"Chargebacks" constitute a breach of this Contract. Any chargeback filed is a direct breach of this Contract and does not nullify the monies owed to Texas SBA® Membership You agree that Texas SBA® Membership may immediately take legal action against You in response to a chargeback filed by you or in connection with this Agreement to recover the fees paid to Texas SBA® Membership, as well as reasonable legal fees, filing fees, and other associated costs Texas SBA® Membership accumulates attempting to recover these fees via legally-binding arbitration administered by American Arbitration Association, in accordance with the Dispute Resolution clause herein. You agree and understand that you will be liable for up to three (three (3)) times the application fee in damages as well as reasonable legal fees, filing fees, and other associated costs Texas SBA® Membership accumulates attempting to recover these fees via legally-binding arbitration administered by American Arbitration Association, in accordance with the Dispute Resolution clause herein. You agree and understand that Texas SBA® Membership reserves the right to respond to your chargeback filing in addition to or in lieu of initiating Arbitration in accordance with the Dispute Resolution section of this Agreement and does not waive its right to initiate Arbitration at any time.

4. AUDIT.

You agree that Texas SBA® Membership may audit your company at any time within the term of this Contract by requiring all persons relied on to achieve the 51% ownership interest requirement to execute a new Texas SBA® sworn affidavit. You will be advised of an audit via an "Audit Notification Email" from Texas SBA®.

(i) Audit- Due Process

Failure to complete the due process procedures of the audit within fourteen (14) days of the date Texas SBA® sent the Audit Email Notification will constitute a breach of Contract and will result in the termination of Your voluntary-participation in the Texas SBA® Business Certification program(s). Termination will be effective on the 15th day after the date the Audit Email Notification was sent by Texas SBA®. Such breaches of contract causing termination of your voluntary participation in the Texas SBA® Business Certification program(s) constitutes a forfeiture of your voluntary participation in the Business Certification program(s), and affords you no right to refund or credit for lost fees. Your terminated status will be published on the website www.texascertificationdirectory.org; You will be required to cease-and-desist all promotion and usage of Texas SBA® Business Certification program(s) except in a factually accurate reference to your past and current status with Texas SBA®, or in reference to the Texas SBA® website, www.texascertificationdirectory.org.

5. PROFESSIONAL CODE OF CONDUCT AND ETHICS.

You agree that your membership with Texas SBA® Membership is subject to the professional code of conduct policy, which prohibits:
  • Criminal Conviction;
  • False or Fraudulent Representations;
  • Slanderous Statements in Federal Communications Commission Regulated Media or Electronic Media; and
  • Libelous Statements in Print or Electronic Media.

You agree that violations of the Professional Code of Conduct constitute a breach of this Contract and will be addressed in accordance with the audit, due process, professional code of conduct policies, and / or slander / libel due process policies of Texas SBA® Membership as set forth herein.

You agree to conduct Your business activities in an ethical manner and in accordance with the criminal laws of the State of Texas and United States of America. In the event You or Your company are convicted of a crime related to the promotion of Your membership with Texas SBA® Membership, the conviction will constitute a breach of contract and will be addressed in accordance with the due process policies of Texas SBA® Membership as set forth herein.

(i) Professional Code of Conduct and Ethics- Due Process

In the event You or Your company is convicted of a crime that is either directly or indirectly related to the promotion of Your membership with Texas SBA® Membership, You are required to notify Texas SBA® Membership via email within five (5) days (sent to membership@texassba.org ), and provide the following information regarding the criminal conviction:
  • Court of Jurisdiction
  • Case Number
  • Disposition

Failure to notify Texas SBA® Membership within five (5) days of a criminal conviction that was directly or indirectly related to Your promotion of Your membership in the Texas SBA® Membership will result in the termination of Your company's membership, effective on the 6th day after the date of criminal conviction. Your terminated status will be published on the website www.texassbaboycottlist.com; You will be required to cease-and-desist all promotion and usage of Texas SBA® Membership except in a factually accurate reference to your past and current status with Texas SBA® Membership, or in reference to the Texas SBA® website(s).

(A) SLANDER AND LIBEL

Any slanderous or libelous communications made by You shall constitute a breach of this Contract and may involve civil actions by Texas SBA® Membership or any of its affiliates or partners against You and Your company. In the event Texas SBA® Membership or any of its affiliates or partners learns of any slanderous or libelous communications made by you, an email entitled "Cease and Desist" will be sent from Texas SBA® Membership to the company point-of-contact recognized by Texas SBA® Membership. Failure to immediately adhere to the cease-and-desist email will result in the termination of Your membership with Texas SBA® Membership. Your terminated status will be published on the website www.texassbaboycottlist.com; You will be required to cease-and-desist all promotion and usage of Texas SBA® Membership except in a factually accurate reference to your past and current status with Texas SBA® Membership, or in reference to the Texas SBA® website(s).

(B) USE OF INTELLECTUAL PROPERTY

You agree that Texas SBA® Membership holds all rights, title, and interest in all Texas SBA® Membership publicity and intellectual property, including other rights related to intangible property, unless otherwise indicated. You agree that Texas SBA® Membership materials are the intellectual property of Texas SBA® Membership and your use, assignment, and / or possession of Texas SBA® Membership materials may be terminated in accordance with the Texas SBA® Membership due process policies, as set forth herein.

Texas SBA® Membership and You agree that the listing of Your membership with Texas SBA® Membership will be displayed on the Texas SBA® Membership website(s) and other media.

(i) Use of Intellectual Property- Due Process

Upon termination of Your membership with Texas SBA® Membership, You are required to cease-and-desist all promotion of Your membership with Texas SBA® Membership except in a factually accurate reference to your past and current status with Texas SBA® Membership, or in reference to the Texas SBA® Membership website(s).

6. PRIVACY AND COMMUNICATION.

Your membership with Texas SBA® Membership will be publicly disclosed on the Texas SBA® website, www.texassba.org, www.texassmallbusinessassociation.org, and Texas SBA® Membership print, audio, and electronic media plus any other form of media deemed relevant to Texas SBA® Membership.

You agree and consent that telephone conversations through wireline, landline, cellular, and / or electronic communication media may be recorded by Texas SBA® Membership for "quality control" measures without prior verbal notification or the presence of a "beep tone."

Recognized forms of communication between you and Texas SBA® are to be (1) email communication sent to membership@texassba.org or other authorized email address of Texas SBA® Membership and / or (2) telephone communication using the phone number of (512) 692-4741. The preferred communication method with Texas SBA® Membership is email to membership@texassba.org.

You agree and consent that Texas SBA® reserves the right at all times to disclose any information provided by you to Texas SBA® Membership as Texas SBA® Membership deems necessary to satisfy any chargeback filing, applicable law, regulation, legal process or governmental request. You acknowledge and agree that Texas SBA® Membership reserves the right to edit, refuse to post, or to remove any information or materials about your membership from Texas SBA® Membership marketing, in whole or in part, at the sole discretion of Texas SBA® Marketing.

7. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF Texas SBA® MEMBERSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Texas SBA® Membership its partners, affiliates, or advertisers be liable to You or any other person for any damages, including for loss of profit or goodwill, for any matter, whether such liability is asserted on any breach of this Contract or its incorporated agreements and policies for any loss in profits or revenues, a lack of financial benefit, or your inability to create business connections, even if Texas SBA® Membership has been advised of the possibility of such damages.

Texas SBA® Membership liability is limited to the total amount paid by You for this membership application with to Texas SBA® Membership.

8. DISCLAIMER OF WARRANTIES.

Texas SBA® Membership expressly disclaims all warranties and guarantees of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or assurities that membership in the Texas SBA® Membership will produce any monetary gain or create business connections.

9. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Texas SBA® Membership ("Texas SBA® Membership,Inc.") and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to the use or promotion of your membership with Texas SBA® Membership by you or your company or affiliates.

In addition, You agree to indemnify and hold Texas SBA® Membership harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You. This indemnification is in addition to any indemnification required of You as outlined elsewhere in this Agreement.

In the event that Texas SBA® Membership or any of its affiliates or partners, is notified of a pending law suit, receives notice of the filing of a law suit, or learns that Texas SBA® Membership or any of its affiliates or partners is the subject or legal action or threatened legal action, Texas SBA® Membership may seek a written confirmation from You concerning Your obligation to indemnify Texas SBA® Membership. Texas SBA® Membership will send the "Indemnification Request" via email to your Company point-of-contact requesting this confirmation. The Indemnification Request email is deemed to have been received by You (through your Company's point-of-contact) within five (5) days of the date it was sent by Texas SBA® Membership.

Written confirmation of indemnification must be received by Texas SBA® Membership via email (at membership@texassba.org) within ten (10) days after Texas SBA® Membership sent the Indemnification Request email to Your company's point-of-contact. The written confirmation must be signed by you, the applicant, on behalf of yourself as well as your company, heirs, agents, or successors. In additionl to any other remedies available to the Texas SBA® Membership, failure to respond to the indemnification request or failure to provide this written confirmation will result in the termination of Your membership with Texas SBA® Membership. Termination will be effective beginning the 11th day after the Indemnification Request email notification was sent by Texas SBA® Membership and You will not be allowed to renew future memberships with Texas SBA® Membership. Your terminated status will be published on the website www.texassbaboycottlist.com and other websites maintained by Texas SBA®, Inc., and Texas SBA® Membership. You will be required to cease-and-desist all promotion and usage of Texas SBA® Membership software, intellectual property, print media, and other forms of communication except in a factually accurate reference to your past and current status with Texas SBA® Membership.

You agree that Texas SBA® Membership shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Texas SBA® Membership of any such claim promptly, in writing, through U.S. Postal Service Certified Mail at Texas SBA® Membership,Inc., 100 Congress, Suite 2095, Austin, Texas, USA, 78701, and allow Texas SBA® Membership to control the proceedings. You agree to cooperate fully with Texas SBA® Membership during such proceedings.

10. DISPUTE RESOLUTION.

You understand and agree that Texas SBA® Membership is located in the State of Texas for all legal and non-legal purposes. Therefore, this Agreement will be interpreted under and governed by the laws of the State of Texas without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against us arising out of or in relation to this Agreement will be exclusively resolved through arbitration.

The failure of Texas SBA® Membership to seek relief for your breach of any duty under this Agreement or otherwise will not waive the right of Texas SBA® Membership to seek relief for any subsequent breach or claim.

Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled with binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules under the Claims Programs. You agree to waive all rights to a jury trial and All claims will be administered by "desk" arbitration, allowing only for the submission of documents. Judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction.

You agree to pay Texas SBA® Membership administrative fees in the amount of $150 per hour, in addition to legal expenses, upon initiation of a legal action against Texas SBA® Membership. You agree to pay Texas SBA® Membership administrative fees in the amount of $150 per hour, in addition to legal expenses, for any legal action initiated by Texas SBA® Membership against You, the cardholder on file stated on the electronic membership application submission. You agree that in the event you prevail in full on your arbitration claim that the arbitrator may but is not required to order a refund of any fees paid to Texas SBA® Membership but in no event will Texas SBA® Membership be required to pay any portion of the arbitration fees.

YOU AND Texas SBA® MEMBERSHIP AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR PROMOTION OF YOUR MEMBERSHIP WITH Texas SBA® MEMBERSHIP; INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT, EXCEPT THAT OWNER RESERVES THE RIGHT TO ELECT AT ITS SOLE DISCRETION TO PURSUE ANY ACTION ARISING OUT OF COPYRIGHT AND/OR TRADEMARK INFRINGEMENT IN COURT INSTEAD OF THROUGH ARBITRATION.

11. NOTICES.

You agree that all notices (except for notices concerning breach of this Contract) from Texas SBA® Membership to You may be posted on the Web site, www.texassmallbusinessassociation.org. Notices concerning breach of Contract will be sent to either the email address provided in this electronically submitted Application or to the point-of-contact's email address, as maintained on file with Texas SBA® Membership. In either case, delivery of all notices shall be deemed to have been made five (5) days after the date sent.

Notices from You to Texas SBA® Membership must be sent by email to info@texassba.org.

12. HEADINGS.

The headings in this Contract are descriptive only and in the event of a conflict between a heading and the underlying terms of this Contract, the terms of this Contract shall control.

13. ENTIRE AGREEMENT.

You agree that this Agreement, including policies and agreements referenced herein, constitutes the complete and entire Agreement (Contract) between You and Texas SBA® Membership regarding Your membership. You understand and agree that there are no further understandings, agreements, or representations with respect to your relationship with Texas SBA® Membership that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind us.

14. SEVERABILITY.

You agree that the terms of this Contract are severable. If any part of this Contract is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with the applicable law as closely as possible, in line with the original intention of both parties to the Contract. The American Arbitration Association will interpret the contract in accordance with its Commercial Arbitration Rules under the Claims Programs. All claims will be administered by "desk" arbitration, allowing for submission of documents only, and judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction. The remaining terms and conditions of the Contract (not deemed unenforceable) will remain in full force and effect.

15. WAIVER.

The failure of Texas SBA® Membership to enforce any of the provisions within this Contract or its incorporated agreements and policies against You or others shall not be construed as a waiver of the right of Texas SBA® Membership thereafter to enforce such provisions. You understand and agree that no term or provision of this Agreement will be deemed to have been wiaved and no breach will be deemed to have been consented to unless such waiver or consent is in writing and signed by the party to be bound.

16. FORCE MAJEURE.

Texas SBA® Membership ("Texas SBA® Membership, Inc., of Austin, Texas, United States of America"), will make every effort to keep the Web site, www.texassmallbusinessassociation.org and www.texassba.org operational. However, certain difficulties and other factors outside of its control, may from time to time, result in temporary service interruptions. You agree not to hold Texas SBA® Membership liable for any of the consequences of such interruptions. Access to the Texas SBA® Membership via the website of Texas SBA, Inc., ("www.texassba.org") and Texas SBA® Membership ("www.texassmallbusinessassociation.org") are provided at the sole discretion of the website owner(s).

17. CLAIM LIMITATIONS.

OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT A CAUSE OF ACTION WITHIN ONE (1) YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

18. SURVIVAL.

Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 shall survive any termination or cancellation of this Contract.

19. NO THIRD PARTY BENEFICIARIES.

Nothing in this Agreement/Contract, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Contract, except as expressly provided in this Contract.

www.texassmallbusinessassociation.org/terms-of-service.php
Last Updated: September 22, 2020.
Copyright 2020 - PRESENT. All Rights Reserved.

Corporate Headquarters:
Texas SBA® Membership, Inc.
Austin, Texas, 78701, USA.
www.texassmallbusinessassociation.org/terms-of-service.php