Texas SBA®  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., 111 Congress Ave., Suite 500, 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. 
						
             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