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Jamie Deméricas Governmental Affairs Corp.

Texas SBA, Inc. (Texas SBA™ State Affairs Office) provides registration services ("Texas Government Contracting Registration") for organizations to become a State of Texas vendor as set forth in these Terms and Conditions ("Agreement" or "Contract").

As an applicant for Texas Government Contracting Registration, you, the applicant, on behalf of yourself as well as your company, heirs, agents, successors, and assigns, ("registrant(s)") 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 this registration form to Texas SBA™ State Affairs Office for Texas Government Contracting Registration, you authorize the disclosure of the required data listed herein and agree to abide by all terms and conditions of this Agreement, as well as any and all terms and conditions required by the Texas Comptroller of Public Accounts Centralized Master Bidders List (CMBL), and any and all agreements that Texas SBA™ State Affairs Office is currently bound by or will be bound by in the future. 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™ State Affairs Office, 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 Government Contracting Registration through Texas SBA™ State Affairs Office.

Texas SBA™ State Affairs Office 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.texassmallbusinessadministration.com 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™ State Affairs Office website (www.texassmallbusinessadministration.com), and your continued use and participation in the Texas Government Contracting Registration program of Texas SBA™ State Affairs Office thereafter, constitute(s) your manifestation of assent to the modification, limitation, change, or replacement. This Agreement is effective as of the date this electronic submission is made to Texas SBA™ State Affairs Office 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 renewal 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.

Texas SBA™ State Affairs Office has not, is not, and will not make any guarantees, promises, or warranties that your company will gain financial benefit or receive award of any State of Texas or local government procurement contract as a result of your registration into the Centralized Master Bidders List (CMBL).

Texas SBA™ State Affairs Office is a private Texas-corporation. Texas SBA™ State Affairs Office makes no representations regarding the quality, safety, morality, or legality of any aspect of the registrants company's business, products, or services.

2. APPLICATION AND APPROPRIATE USES.

The electronic submission of this Agreement is Your application to receive the services of Texas SBA™ State Affairs Office in registering your organization as a State of Texas vendor into the Centralized Master Bidders List (CMBL).

(A) ACCURATE INFORMATION

You agree to provide accurate information in this electronic submission to Texas SBA™ State Affairs Office. Any material changes to data in this submission is to be sent via email notification to contracts@texassmallbusinessadministration.com.

If, for whatever reason, You fail to notify Texas SBA™ State Affairs Office within five (5) business days of any material change, such failure will constitute a material breach of this Contract and empower Texas SBA™ State Affairs Office, upon learning of the material change, to dissolve their relationship with your organization and therefore not complete the registration of your organization into the Central Master Bidders List (CMBL).

*** An incomplete profile will be established on the Central Master Bidders List (CMBL) but I will not pay the US $70 fee until a physically-signed Payment Authorization Form is signed, dated, and submitted by the "client" to Texas SBA™ State Affairs Office. Customers are always trying to get something for nothing and I am not going to get stuck paying $70 out of my pocket to the Texas Comptroller without payment protection to Visa / MC / AMEX in the event of a chargeback. ***

*** Ensure that a clause and clear language is written to protect myself from any fraud or other legal liability, both state and federal, as I access State of Texas property ("Central Master Bidders List (CMBL)), to register the organization based upon the data provided on this electronic submission. Make the language really harsh so these people know that they are risking jail time and fines for any malfeasance and that Texas SBA™ State Affairs Office will also prosecute alongside the state and federal government. ***

3. PAYMENTS.

A. Initial Payment.

Successful processing by Texas SBA™ State Affairs Office of your payment constitutes acknowledgement of your application to have Texas SBA™ State Affairs Office to register your organization as a State of Texas vendor into the Central Master Bidders List (CMBL). The successful processing of payment by Texas SBA™ State Affairs Office will serve as entrance into Contract between You and Texas SBA™ State Affairs Office, and the appearance of credit / debit card charges on Your credit card / debit card statement will serve as Your receipt for the transaction. Payment should be accompanied by the submission of this Agreement to facilitate the initial stages of registration by Texas SBA™ State Affairs Office into the Central Master Bidders List (CMBL) as a State of Texas vendor.

In consideration for processing Your payment to participate in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program, You agree that all fees paid to and processed by Texas SBA, Inc. are immediately the property of Texas SBA, Inc., and are non-refundable, except for the vendor registration fee paid to the Texas Comptroller in accordance with the Texas Procurement and Support Services CMBL registration policy(ies) at that date.

*** Here is the refund policy of the Texas Procurement and Support Services http://comptroller.texas.gov/procurement/prog/cmbl/cmbl_refund/ ***

*** Write the appropriate clause which requires the customer must sign our Payment Authorization Form before I will pay the $70 registration fee to the Texas Comptroller. ***

*** The organization is required to "sign-off" on the registration profile by submitting a signed and dated hardcopy of their business profile to the Texas Comptroller mail within 60 days of the profile being established, if HUB registration is selected. (I can't remember if this required if HUB is not selected.) ***

Electronic submissions that fail successful payment processing twice (two (2) times) will be denied future opportunities to participate in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program.

Electronic submissions and payments to participate in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program were unauthorized are not eligible for any refund or return of fees paid and processed by Texas SBA, Inc. 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, Inc., nor the liability of Texas SBA, Inc., for an individual or company's negligence as a debit and credit cardholder.

B. Renewals.

*** Once they get registered (ie. first-time; first-year) and fees are paid, the customer will have direct-access to their business profile / vendor account in the Central Master Bidders List (CMBL). They will access their account directly and work 100% directly with the Texas Comptroller. Since auto-renewal contracts are cancelled less than 10% of the time, I want to put the residual income. How can I justify charging them US $495 for the second-year if they work 100% directly with the Texas Comptroller and can pay the $70 fee annual registration fee by clicking the "Pay Now" button on their profile / vendor account? What do you think, Mark Clark? ***

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, Inc. You agree that Texas SBA, Inc., 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, Inc., as well as reasonable legal fees, filing fees, and other associated costs Texas SBA, Inc., 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, Inc., 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, Inc., 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. REGISTRATION REQUIREMENTS.

Every participant in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program is required to review, authorize, and activate their vendor profile on the Central Master Bidders List (CMBL). Failure to activate their vendor profile and / or submit the signed and dated hardcopy of their business profile to the Texas Comptroller within 60 days of the profile being established is their responsibility and not the fault or duty of Texas SBA™ State Afairs Office.

*** The organization is required to "sign-off" on the registration profile by submitting a signed and dated hardcopy of their business profile to the Texas Comptroller mail within 60 days of the profile being established, if HUB registration is selected. (I can't remember if this step is required if HUB is not selected. I'll have to double-check this once I process the first new customer and may revise this clause at that time.) ***

*** After this electronic submission is received by Texas SBA™ State Affairs Office, the customer is required to choose their NGIP Code and Class (https://cmblreg.cpa.state.tx.us/commodity_book/files/comm_book.csv) for Texas SBA™ State Affairs Office to complete the registration process on the Central Master Bidders List (CMBL). I should be okay by providing the above "hard" link to this copyrighted material owned by NGIP, correct? ****

Registrant / Applicant is required to select their organization's NGIP Code & Class and submit it to the Texas SBA™ State Affairs Office within five (5) business days of this electronic submission via the website address NGIP Code & Class.

(A) FORFEITED REGISTRATONS

Applications to participate in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program will be forfeited in any of the following circumstances:
(1) applicant fails to select and submit the NGIP Code & Class to Texas SBA™ State Affairs Office via the website address NGIP Code & Class within five (5) business days of this electronic submission; (2) applicant's fails to submit the Payment Authorization Form to the Texas SBA™ State Affairs Office via email to contracts@texassmallbusinessadministration.com or fax to (800) 295-5890 within five (5) business days of this electronic submission.

Forfeited applications result in the immediate termination of the registration process, the non-refundable forfeiture of all fees paid in connection with the registration, and the refusal of all additional electronic and documentation submissions in connection with this electronic submission.

*** I know customers will lie-and-cry to the Texas AG stating they paid for registration and were never registered. And the Texas Comptroller never got their US $70 so they will investigate. And then the customer will lie some more although they failed to submit their (1) NGIP Class & Code and / or (2) Payment Authorization Form. So, what can we do to reduce the forseen nonsense? The objective is to get this done within 5 business days and not have it prolong for months are many customers like to play games under "ignorance" and other schenanigans. ***

5. PRIVACY AND COMMUNICATION.

Your registration as a State of Texas vendor with the Central Master Bidders List (CMBL) is subject to the terms of service of the Texas Comptroller of Public Accounts and applicable laws relating to State of Texas procurement.

You agree to abide by the laws of the State of Texas, United States of America, and acknowledge that Your registration and participation as a State of Texas vendor is voluntary.

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

Recognized forms of communication between you and Texas SBA™ State Affairs Office are to be (1) email communication sent to contracts@texassmallbusinessadministration.com or other authorized email address of Texas SBA™ State Affairs Office; or (2) telephone communication using the phone number of (512) 692-4741. The preferred communication method with Texas SBA™ State Affairs Office is email to contracts@texassmallbusinessadministration.com.

You agree and consent that Texas SBA™ State Affairs Office reserves the right at all times to disclose any information provided by you to Texas SBA™ State Affairs Office as Texas SBA™ State Affairs Office deems necessary to satisfy any applicable law, regulation, legal process or governmental request. You acknowledge and agree that Texas SBA™ State Affairs Office reserves the right to edit or post any information with the Texas Comptroller of Public Accounts as it relates to Your registration as a State of Texas vendor, in whole or in part, at the sole discretion of Texas SBA™ State Affairs Office.

(A) EXCESSIVE COMMUNICATION AND ABUSE POLICY

Texas SBA™ State Affairs Office maintains an "Excessive Communication and Abuse Policy" applicable to any and all prospects, applicants, and participants in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program. Actions constituting violation of the Excessive Communication and Abuse Policy are as follows:

Repeated telephone calls encompassed within a 48-hour period as defined by Texas SBA™ State Affairs Office
Repeated voice mails encompassed within a 48-hour period as defined by Texas SBA™ State Affairs Office
Repeated emails contained within a 48-hour period as defined by Texas SBA™ State Affairs Office
Spam emails and spam facsimiles as defined by Texas SBA™ State Affairs Office
Using raised voices or exhibiting a verbally aggressive demeanor towards an agent of Texas SBA™ State Affairs Office, as defined by Texas SBA™ State Affairs Office
Questioning the credibility or validity of Texas SBA™ State Affairs Office as defined by Texas SBA™ State Affairs Office
Failing to perform due diligence in acquiring public and private sector common knowledge, thereby requiring Texas SBA™ State Affairs Office to perform educational services as defined by Texas SBA™ State Affairs Office
Repeated attempts by a company representative, not the recognized "point-of-contact" with Texas SBA™ State Affairs Office, to engage in communication with Texas SBA™ State Affairs Office as defined by Texas SBA™ State Affairs Office

Violation of the aforementioned Excessive Communication and Abuse Policy by a prospect, applicant, or client in the Texas SBA™ State Affairs Office Texas Government Contract Registration program will result in issuance of a "warning" or "advisory" to the prospect, applicant, or client via email from Texas SBA™ State Affairs Office. Continued excessive communication and abuse will result in the termination of this Contract by Texas SBA™ State Affairs Office in accordance with the its process policies, as set forth herein.

(i) Excessive Communication and Abuse Policy- Due Process

Texas SBA™ State Affairs Office exercises due process in response to violations of this Agreement through Excessive Communication and Abuse. Texas SBA™ State Affairs Office will email a Report to the point-of-contact, outlining Your Company's violations of the Texas SBA™ State Affairs Office Excessive Communication and Abuse Policy. You will be given the opportunity to respond in a professionally written letter stating Your understanding of our Excessive Communication and Abuse Policy and why You violated the Excessive Communication and Abuse policy. Your explanatory letter must be sent via email to contracts@texassmallbusinessadministration.com within 5-days of the date the Report from Texas SBA™ State Affairs Office was sent. Upon receipt of your professionally written letter, Texas SBA™ State Affairs Office will attempt to address Your issues / concerns for a final time via email. During this period of disciplinary conduct, Texas SBA™ State Affairs Office reserves the right to suspend communication between You, Your agents and Texas SBA™ State Affairs Office.

Any second violation of the Texas SBA™ State Affairs Office Excessive Communication and Abuse policy will result in the termination of participation in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program. Such breaches of contract causing termination of your voluntary participation in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program constitutes a forfeiture of your participation in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program and affords you no right to refund or credit for lost fees. Texas SBA™ State Affairs Office will pay the appropriate registration fees to the Texas Comptroller of Public Accounts to register as a State of Texas vendor.

6. 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™ State Affairs Office HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Texas SBA™ State Affairs Office 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 gain participatory access in any diversity or procurement program, even if Texas SBA™ State Affairs Office has been advised of the possibility of such damages.

Texas SBA™ State Affairs Office liability is limited to the total amount paid by You for this electronic submission to register as a State of Texas vendor with the Texas Comptroller of Public Accounts through Your participatation in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program.

7. DISCLAIMER OF WARRANTIES.

Texas SBA™ State Affairs Office 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 registration as a State of Texas vendor with the Texas Comptroller of Public Accounts will produce any monetary gain or award of any State of Texas or local government contract.

8. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Texas SBA™ State Affairs Office ("Texas SBA, 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 registration or participation as a State of Texas vendor by you or your company or affiliates.

In addition, You agree to indemnify and hold Texas SBA™ State Affairs Office 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™ State Affairs Office 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™ State Affairs Office or any of its affiliates or partners is the subject or legal action or threatened legal action, Texas SBA™ State Affairs Office may seek a written confirmation from You concerning Your obligation to indemnify Texas SBA™ State Affairs Office. Texas SBA™ State Affairs Office 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™ State Affairs Office.

Written confirmation of indemnification must be received by Texas SBA™ State Affairs Office via email (at contracts@texassmallbusinessadministration.com) within ten (10) days after the Texas SBA™ State Affairs Office sent the Indemnification Request email to Your company's point-of-contact. The written confirmation must be signed by any company officer or employee.

Failure to respond to the indemnification request or failure to provide this written confirmation will result in the suspension of Your Company's participation in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program. Suspension will be effective beginning the 11th day after the Indemnification Request email notification was sent by Texas SBA™ State Affairs Office. Any suspended status shall remain in effect unless and until Texas SBA™ State Affairs Office receives written confirmation, signed by an appropriate person as outlined above. On the 365th day after the date this registration form was electronically submitted (or your renewal payment was processed), Your participation in the Texas SBA™ State Affairs Office Texas Government Contracting Registration program will be terminated.

You agree that Texas SBA™ State Affairs Office 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™ State Affairs Office of any such claim promptly, in writing, through U.S. Postal Service Certified Mail at Texas SBA, Inc., 100 Congress, Suite 2095, Austin, Texas, USA, 78701, and allow Texas SBA™ State Affairs Office to control the proceedings. You agree to cooperate fully with Texas SBA™ State Affairs Office during such proceedings.

9. DISPUTE RESOLUTION.

You understand and agree that Texas SBA™ State Affairs Office 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™ State Affairs Office to seek relief for your breach of any duty under this Agreement or otherwise will not waive the right of Texas SBA™ State Affairs Office 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™ State Affairs Office administrative fees in the amount of $150 per hour, in addition to legal expenses, upon initiation of a legal action against Texas SBA™ State Affairs Office. You agree to pay Texas SBA™ State Affairs Office administrative fees in the amount of $150 per hour, in addition to legal expenses, for any legal action initiated by Texas SBA™ State Affairs Office against You, the cardholder on file stated on the electronic application submission, the organization stated on this electronically submitted Agreement. 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™ State Affairs Office but in no event will Texas SBA™ State Affairs Office be required to pay any portion of the arbitration fees.

YOU AND Texas SBA™ State Affairs Office 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 VOLUNTARY PARTICIPATION IN THE Texas Certification Directory´┐┐ BUSINESS CERTIFICATION PROGRAM(S); 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.

10. NOTICES.

You agree that all notices (except for notices concerning breach of this Contract) from Texas SBA™ State Affairs Office to You may be posted on the Web site, www.texassmallbusinessadministration.com. Notices concerning breach of Contract will be sent to either the email address provided in this electronically submitted Registration or to the point-of-contact's email address, as maintained on file with Texas SBA™ State Affairs Office. 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™ State Affairs Office must be sent by email to contracts@texassmallbusinessadministration.com.

11. 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.

12. 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™ State Affairs Office regarding Your registration as a State of Texas vendor with the Texas Comptroller of Public Accounts. You understand and agree that there are no further understandings, agreements, or representations with respect to your relationship with Texas SBA™ State Affairs Office 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.

13. 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.

14. WAIVER.

The failure of Texas SBA™ State Affairs Office 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™ State Affairs Office thereafter to enforce such provisions. You understand and agree that no term or provision of this Agreement will be deemed to have been wiavved 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.

15. FORCE MAJEURE.

Texas SBA™ State Affairs Office ("Texas SBA, Inc., of Austin, Texas, United States of America"), will make every effort to keep the Web site, www.texassmallbusinessadministration.com 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™ State Affairs Office liable for any of the consequences of such interruptions. Access to websites other than the aforementioned Texas SBA, Inc. properties are provided at the sole discretion of the website owner(s).

16. 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.

17. SURVIVAL.

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

18. 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.

Corporate Headquarters:
Texas SBA., Texas SBA™ State Affairs Office
Austin, Texas, 78701, USA.

www.texassmallbusinessadministration.com/terms-of-service.php
Last Updated: September 1, 2015.
Copyright 2015 - PRESENT. All Rights Reserved.
I Agree to the Terms of Service.

Copyright 2003 - PRESENT. All Rights Reserved. Jamie Deméricas, State of Texas, United States of America.