Terms of Service

1. Acceptance of Terms

By accessing or using AssocRecords™ (the "Service"), you agree to be bound by these Terms of Service. If you are using the Service on behalf of a homeowner association or other organization, you represent that you have authority to bind that organization to these terms.

2. Description of Service

AssocRecords™ provides a document management platform designed for homeowner associations. The Service includes secure document storage, organization tools, access control features, and public-facing websites for HOA communities.

The Service is intended as a record retention system and centralized document repository. It is not a community forum, messaging system, or social platform.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Subscription and Billing

The Service is offered on a subscription basis with various storage tiers. Billing is processed by Hendrix Learning Systems LLC. Subscription fees are billed monthly or annually in advance and are non-refundable except as required by law.

Automatic Renewal: Subscriptions renew automatically at the end of each billing period unless canceled prior to renewal. You may cancel your subscription at any time. Upon cancellation, you will retain access until the end of your current billing period.

Payment Processing: Payment processing services are provided by Stripe, Inc. By submitting payment information, you agree to Stripe's terms and privacy practices.

5. User Content and Data

You retain ownership of all documents and content you upload to the Service ("User Content"). By uploading User Content, you grant us a limited license to store, display, and transmit such content as necessary to provide the Service.

You are solely responsible for ensuring that your User Content does not violate any applicable laws or third-party rights. Board upload access is restricted to authorized roles only.

The association or organization controlling the account is solely responsible for determining which users are granted administrative or document upload permissions. The Company is not responsible for internal governance decisions or user role assignments made by the association.

6. Acceptable Use

You agree not to use the Service to:

• Upload content that is illegal, harmful, or infringes on third-party rights
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use the Service for purposes other than HOA document management
• Share account credentials with unauthorized parties

7. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform maintenance or updates that temporarily affect Service availability. We will make reasonable efforts to provide advance notice of planned downtime.

Backup Responsibility: While the Company maintains commercially reasonable backup and recovery procedures, users are responsible for maintaining independent copies of critical documents uploaded to the Service.

8. Indemnification

You agree to indemnify, defend, and hold harmless Hendrix Learning Systems LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (a) your User Content, (b) your violation of these Terms, or (c) your misuse of the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HENDRIX LEARNING SYSTEMS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, internet service disruptions, cloud infrastructure outages, governmental actions, labor disputes, or other events outside our control.

11. Disclaimer

The Service helps you organize and store records but does not provide legal advice. For guidance on what your HOA must retain and for how long, consult your state laws or an attorney familiar with HOA requirements. We do not guarantee compliance with any specific record retention regulations.

12. Changes to Terms

We may modify these Terms of Service at any time. We will notify you of material changes by posting the updated terms on our website and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified terms.

13. Governing Law

These Terms of Service shall be governed by the laws of the State of New Mexico, without regard to conflict of law principles. Any disputes arising from these terms shall be resolved in the courts located in New Mexico.

14. Contact Information

For questions about these Terms of Service, please contact us through our contact form.