Terms of Use

1Acceptance of these terms

These Terms of Use (the “Terms”) are a binding agreement between you and BoardMatch. By accessing the BoardMatch website, creating an account, submitting an intake, submitting a proposal, or otherwise using any part of the Service, you accept these Terms and agree to be bound by them. If you do not accept them, do not use the Service.

If you accept these Terms on behalf of an association, a Board, or a company, you represent that you are authorized to bind that entity, and “you” means both you individually and that entity.

Additional terms apply to specific parts of the Service and are incorporated here by reference: the Network Participation Agreement, which every management company accepts during onboarding and which governs the placement fee; the Privacy Policy, which governs how information is handled; and any written order, invoice, or supplemental agreement executed between you and BoardMatch. Where a supplemental agreement conflicts with these Terms, the supplemental agreement controls for the subject it covers.

2Definitions

Association

A homeowners association, condominium association, cooperative corporation, property owners association, master association, or comparable community association.

Board

The governing body of an Association, and any individual director, officer, committee member, or authorized representative acting for it. Boards are always capitalized in BoardMatch materials because the Board is the customer.

Management Company

A community association management company, or any firm offering association management, accounting-only, or related services through the Service.

Service

The BoardMatch website, the Board portal, the management company portal, the administrative console, the intake, the proposal tools, the BoardMatch Report, the Q&A library, and every related feature, tool, communication, and output.

Bid

A single Board’s solicitation of proposals through the Service, from intake through selection or closure.

Proposal

A structured submission by a Management Company in response to a Bid, including all pricing, scope, staffing, and service-level information it contains, and any service package variants submitted alongside it.

Introduction

The act by which BoardMatch makes a Management Company aware of an Association, or an Association aware of a Management Company, whether by invitation, proposal delivery, report inclusion, or otherwise.

Incumbent

The Management Company managing an Association at the time its Board starts a Bid. A Board identifies its Incumbent inside the Bid. Retaining the Incumbent is not a placement and generates no Placement Fee.

Placement Fee

The single fee a Management Company owes when an Association selects it, calculated as set out in Section 7.

Report

The BoardMatch Report: the normalized comparison document delivered to a Board.

Your Content

Anything you submit to the Service — intake answers, proposals, fee schedules, documents, messages, questions, answers, votes, decline reasons, selection reasons, profile information, and uploads.

3What BoardMatch is, and what it is not

BoardMatch is a process and a comparison document. The Service allows a Board to describe its community once, allows qualified Management Companies serving that market to respond against a single normalized scope, and produces a structured, apples-to-apples comparison the Board can act on without further assistance.

BoardMatch is not a management company. We do not manage associations, collect assessments, hold association funds, maintain property, enforce covenants, prepare financial statements, or perform any community association management service. We are not a party to any management agreement between an Association and a Management Company.

BoardMatch is not a broker, agent, or fiduciary. We do not act as agent for any Board, Association, or Management Company. We do not owe any party a fiduciary duty. We do not negotiate on anyone’s behalf.

BoardMatch is not a lead broker. We do not sell leads, we do not charge per lead or per contact, and we do not sell, rent, or license Board information to anyone.

BoardMatch does not recommend. The Report organizes information; it does not rank companies by merit and does not tell a Board whom to hire. Where BoardMatch AI surfaces an observation, that observation is analysis of the submitted materials, not advice and not a recommendation. The selection decision belongs entirely to the Board.

BoardMatch does not provide legal, accounting, tax, insurance, engineering, or reserve-study advice. Nothing in the Service, the Report, the glossary, the guides, or any BoardMatch communication is professional advice. Retain your own professionals. Have counsel review any management agreement before you sign it.

4Eligibility, accounts, and authority

You must be at least 18 years old and able to form a binding contract. The Service is offered in the United States and is intended for use by persons located in the United States.

Account security. You are responsible for maintaining the confidentiality of your credentials and for everything done under your account. Use a unique password. Notify us immediately if you believe your account has been compromised. We are not liable for loss arising from unauthorized use of your credentials, except where that unauthorized access results solely from our gross negligence or willful misconduct.

Board authority. Starting a Bid, inviting Board members, releasing contact information, recording a vote, and confirming a selection are all actions with consequences for the Association. By taking any of them you represent that you are authorized by the Board to do so. Where an action requires Board approval under the Association’s governing documents or applicable state statute, obtaining that approval is your responsibility, not ours.

Management company authority. By registering a Management Company, you represent that you are authorized to bind that company, that the company holds every license, registration, and certification required to provide community association management services in each market where it accepts invitations, and that the licensing, insurance, bonding, staffing, and portfolio figures you supply are accurate and current.

Accuracy. Everything you submit must be accurate when submitted and must be corrected promptly when it stops being accurate. This is not a formality: the entire value of the Service to a Board depends on submitted information being true.

5Terms that apply to Boards

The Service is free to Boards. No fee of any kind is charged to an Association, a Board, or a Board member — not to start a Bid, not to receive proposals, not to receive the Report, not to request a meeting, not to select a company, and not at any later point. There is no premium tier for Boards and none will be introduced.

No obligation. A Board is never obligated to select any Management Company, to meet with any Management Company, to complete a Bid, or to explain a decision. A Board may renew with its incumbent, go self-managed, restart, or walk away at any time, and nothing is owed to anyone.

Contact information stays shielded by default. Bidders see your community’s scope under an anonymized label. They do not receive your name, phone number, email address, the Association’s name, or the Association’s street address unless your Board affirmatively releases it — by requesting a meeting with a specific company, by switching the Bid to open disclosure, by publishing an address for a self-guided site inspection, or by confirming a selection. There is no default release and no automatic release. You control this in your Board profile settings at any time.

Site visits. If your Board offers site visits or tours before bidding, you set the terms — escorted windows you choose, or an address published for self-inspection. Admitting anyone to Association property is the Board’s decision and the Board’s responsibility. BoardMatch does not supervise, accompany, insure, or take responsibility for any site visit, and is not liable for anything that occurs during one.

Timeline. The standard cycle is a Report at approximately day 15 and a 30-day decision window, with quoted pricing held firm for 60 days from proposal submission. A Board may set a different window and may decide after 30 days. Past the 60-day validity period a Management Company may re-price; where that happens we identify which companies re-priced and by how much.

Decline and selection reasons. Boards are asked to record ranked reasons when declining a proposal and when confirming a selection. This is what makes the Service free for the next Board and is what lets us tell Management Companies what the market actually wants. We may use these reasons in de-identified and aggregated form as described in Section 16. We do not attribute an individual reason to an identifiable Association without permission.

Confirming a selection. When your Board selects a company, record it in the portal. Recording the selection is what releases your transition materials and what generates the selected company’s invoice. Your Association is charged nothing when you do this, now or ever.

Independent diligence. BoardMatch verifies what it says it verifies and no more. Boards remain responsible for their own diligence: check references, confirm licensing and insurance directly, and have counsel review the management agreement. We encourage it and the Report is built to support it.

6Terms that apply to management companies

Free to join, free to be listed, free to bid. There is no membership fee, listing fee, subscription, per-lead charge, or per-contact charge. Declining an invitation costs nothing and creates no obligation.

The Network Participation Agreement. Every Management Company accepts the Network Participation Agreement during onboarding, before it can receive its first invitation. That agreement governs the placement fee, the introduction period, the incumbent-retention exception, billing authorization, and the consequences of nonpayment. It is presented in full at onboarding and is available at any time inside your company portal. Acceptance is recorded with the accepting user, the timestamp, and the agreement version.

Profile obligations. Your profile must accurately state entity name, year founded, doors and associations under management, community manager headcount, average portfolio load per manager, manager turnover, licenses and designations by state, professional memberships, insurance and fidelity bond limits, service areas, management platform, technology offered, financial delivery timing and method, what you do and do not do, whether you administer payroll and HR for association-employed on-site staff, and your complete ancillary and a la carte fee schedule with the date it was last updated. A fee schedule that goes stale after notice is grounds for suspension.

Invitation conduct. Accept or decline promptly. A pattern of accepting invitations and failing to respond is grounds for removal. Accepting an invitation is your agreement to the Placement Fee for that Association if the Board selects you, whether or not you had a prior relationship with it. Declining costs nothing, creates no obligation, and does not affect your standing — it is the right move whenever the terms do not suit you.

No off-platform solicitation. During an active Bid you may not contact the Board, the Association, or any Board member outside the Service, by any means, unless the Board has released its contact information to you and invited that contact. This is the single conduct rule Boards care about most, and violating it removes you from the Bid.

Board data is confidential. Anything you learn about an Association through the Service may be used only to prepare and support your Proposal. You may not add a Board contact to a marketing list, sell or share it, or use it for any other solicitation. This obligation survives the Bid.

7The placement fee

Trigger. A Placement Fee becomes due when an Association selects a Management Company that BoardMatch introduced to it. Selection is evidenced by the Board’s recorded selection in the portal, by execution of a management agreement, or by commencement of services, whichever occurs first.

Calculation. The Placement Fee equals one month of the base management fee set out in that company’s own submitted Proposal of record, subject to a minimum of $1,500. Where the Proposal quotes a per-unit-per-month rate, the base monthly fee is that rate multiplied by the unit count in the Bid. Where the Proposal quotes a percentage of budget, the base monthly fee is that percentage of the stated annual operating budget divided by twelve. Where the Proposal quotes a flat monthly amount, that amount is the base monthly fee.

What is excluded from the calculation. Onboarding and transition fees, ancillary and a la carte charges, pass-through costs, capital project oversight fees, reimbursables, and any charge that is not the recurring base management fee. The fee is calculated on base fee only.

One fee, once. The Placement Fee is charged one time per placement. It does not recur, it is not a percentage of the ongoing relationship, and it is not charged again on renewal.

Reconciliation. Where the executed base management fee differs from the quoted base fee by more than ten percent, the Placement Fee is reconciled to the executed amount — downward as readily as upward — subject always to the $1,500 minimum.

Invoicing and payment. Invoices are issued on the Board’s recorded selection and are payable net 15 from the execution date of the management agreement, by ACH under the payment authorization established at onboarding or by another method we accept in writing. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, together with reasonable costs of collection including attorneys’ fees.

Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, or similar tax imposed on the Placement Fee, excluding taxes on our net income.

Disputes. Open a dispute in the portal. Your Proposal of record and the executed management agreement are the evidence. Our resolution target is ten business days. Disputing in good faith does not accrue late interest on the disputed portion during review.

No fee where there is no placement. If the Board goes self-managed, selects a different company, or selects nobody, you owe nothing. If the Board retains its existing management company, no fee is owed by that company either — a retention is not a placement. Nothing is ever owed by an Association, a Board, or a Board member, in any circumstance.

8No refunds

Accordingly, and to the maximum extent permitted by law, all Placement Fees are non-refundable and non-creditable in whole and in part, and no refund, credit, proration, or offset will be issued for any reason, including:

• the management agreement is later terminated by either party, for any reason or no reason;
• the Association cancels, rescinds, or does not proceed after selecting;
• the relationship ends during an onboarding, trial, or transition period;
• the Association is dissolved, sold, merged, or placed in receivership;
• the Management Company withdraws, resigns the account, or ceases operations;
• the parties renegotiate the base management fee after execution, except through the reconciliation mechanism in Section 7;
• the Management Company is subsequently suspended or removed from the network; or
• dissatisfaction with the Service, the Report, or the outcome.

The single exception is a billing error. Where an invoice is issued in error, calculated on the wrong Proposal of record, or duplicated, we correct it and refund or void the incorrect amount. That is a correction, not a refund of an earned fee.

This section does not limit any non-waivable right you may have under applicable law.

9Anti-circumvention and the introduction period

The fee attaches to the introduction, not to the paperwork. Where BoardMatch introduces a Management Company to an Association, the Placement Fee is owed if that company enters into a management agreement with, or begins providing management services to, that Association within eighteen (18) months of the Introduction — irrespective of how the engagement was solicited, negotiated, or documented, irrespective of whether it was transacted through the Service, and irrespective of whether the engagement is with the Association directly, with an affiliate, with a successor entity, or through a different corporate entity of the Management Company.

We write it this way deliberately. A fee triggered by “transacting on the platform” is avoided by not transacting on the platform. A fee triggered by the introduction is the standard finders and recruiters have used for decades, and it is the only version that is fair to the companies who do pay.

A prior relationship does not change the fee. Whether you had already met this Association, pitched it before, or lost to it years ago, accepting the invitation is your agreement to pay if the Board selects you. BoardMatch put your firm back in front of that Board in a competitive, normalized format — against a scope the Board wrote and proposals it can actually compare — and that is frequently the thing that changes the outcome. There is no prior-relationship carve-out, and there is no declaration to make. If you do not want the obligation, decline the invitation, which costs nothing.

Boards owe nothing and are never involved in enforcement. The obligation runs one direction only: from the Management Company to BoardMatch. No Association, Board, or Board member is liable for any part of a Placement Fee under any circumstance, and we will not assert a claim, lien, or encumbrance against an Association or its property. A Placement Fee is not a lienable interest and we will not file one.

Consequences of nonpayment or concealment, applied in order: invoice and reminders at 7, 14, and 30 days past due; suspension from new invitations while the profile remains intact; permanent removal from the network with forfeiture of verification badges, win history, and ratings; and, where a placement was concealed rather than merely unpaid, liquidated damages equal to fifty percent (50%) of the Placement Fee, which the parties agree is a reasonable estimate of the cost of detection and collection and is not a penalty. Liquidated damages apply to concealment only, never to a late payment.

Audit. Where we have a reasonable, documented basis to believe a placement was concealed, the Management Company will, on written request, confirm in writing whether it entered a management agreement with the identified Association and, if so, the execution date and base management fee. That confirmation is the whole of the obligation; we do not request books, records, or client files.

10Proposals, pricing validity, and accuracy

Proposals are firm offers for 60 days. Pricing in a submitted Proposal is held firm for sixty (60) days from submission. Past sixty days a Management Company may re-price, and where it does we disclose that to the Board along with the direction and size of the change.

Multiple packages are permitted and encouraged. A Management Company may submit more than one service package in response to a single Bid — full service, financial-only, accounting plus compliance, or any other structure — and each is normalized and displayed separately. A Board may invite up to five companies to a Bid by default; more on request.

The three-state scope declaration. Every scope line must be declared as included, available at an additional stated price, or not offered. “Negotiable,” “varies,” and silence are not valid answers, because the entire point of the exercise is that a Board can compare two documents without a phone call.

Complete fee disclosure. A Proposal must include the company’s complete ancillary and a la carte fee schedule with the date it was last updated, and must state onboarding, transition-out, and termination costs. Charging an Association a fee that was omitted from the Proposal of record, within the first twelve months of the engagement, is a material breach of these Terms.

Proposal of record. The version of a Proposal in the Service at the time of Board selection is the Proposal of record and is the document against which the Placement Fee is calculated and any dispute resolved.

11The BoardMatch Report and BoardMatch AI

The Report is a normalization and comparison document assembled from what Management Companies submitted. It presents a side-by-side matrix, a three-year projected total cost, a scope grid, flags, and the underlying proposals. It is provided for the Board’s convenience and is informational only.

We do not rank by merit and we do not recommend. Ordering within the Report reflects the Board’s own stated priorities and the structure of the comparison, never payment, and never our opinion of who should win.

Thin markets are disclosed. Where few Management Companies serve a market, or few responded, we say so plainly in the Report rather than presenting a thin field as a complete one.

Accuracy is bounded by what was submitted. Figures, scope declarations, credentials, and staffing data originate with the Management Companies. We normalize, arithmetic-check, and flag inconsistencies. We do not independently audit every figure and we do not warrant that submitted information is true.

BoardMatch AI. Where the Service offers AI-assisted analysis of proposals, questions, or intake material, that output is generated automatically, may be incomplete or wrong, and is not advice, not a recommendation, and not a substitute for the Board’s own judgment or its professionals. Verify anything you intend to rely on. Do not submit information to it that you would not want stored on the platform.

Use of the Report. A Board may use, copy, and share the Report freely for its own governance purposes — distributing it to members, attaching it to minutes, giving it to counsel. It may not be resold, published commercially, or used to build a competing service.

12Reviews, ratings, and third-party review pages

A Management Company may link its Google, Yelp, or other public review pages to its profile, and where it does we may display those testimonials and link to the source.

What we do weigh is verifiable and Board-sourced: licensing and insurance status, disclosed staffing and portfolio load, manager turnover, fee schedule currency, responsiveness inside the Service, and post-engagement ratings from Boards that actually hired the company through BoardMatch.

Any review, rating, or testimonial you submit must be truthful and based on genuine experience. Fabricated, incentivized, or third-party-authored reviews will be removed and are grounds for removal from the network.

13The Q&A answer library

Boards submit questions to bidding Management Companies through the Service. Every bidder in a Bid sees each question and each answer at the same time.

Answers are reusable. When a Management Company answers a question, that answer is stored in its answer library and may be automatically surfaced to future Boards asking the same or a materially equivalent question, so that the company does not re-answer the same question for every Board. A Management Company can revise or withdraw any stored answer at any time, and is responsible for keeping stored answers accurate — a stale answer presented to a new Board is the answering company’s responsibility.

Questions of general value may be added to the canonical question bank so the next Board does not have to think of them. Questions are added in generic form; the identity of the asking Board and Association is never included.

14Acceptable use

You may not, and may not permit anyone else to:

• submit false, misleading, or materially incomplete information, including licensing, insurance, credential, staffing, portfolio, or pricing information;
• impersonate any person or entity, or misrepresent your authority to act for an Association or a company;
• create an account for an Association that has not authorized it, or submit a Bid on behalf of a Board without authority;
• contact a Board, Association, or Board member off-platform during an active Bid without a Board-initiated release;
• use information obtained through the Service for marketing, solicitation, list-building, or any purpose other than the Bid it relates to;
• scrape, crawl, harvest, or systematically extract data from the Service; use bots or automated means to access it; or circumvent rate limits, authentication, or access controls;
• reverse engineer, decompile, or attempt to derive source code, models, or algorithms;
• resell, sublicense, or make the Service available to third parties, or use it to build or train a competing product or model;
• upload malware, interfere with the Service, or attempt to access another user’s account or data;
• post unlawful, defamatory, harassing, discriminatory, or infringing content; or
• use the Service in violation of any applicable law, including fair housing, consumer protection, licensing, telemarketing, anti-spam, and privacy laws.

We may investigate suspected violations, remove content, and suspend or terminate access, with or without notice, and may report unlawful conduct to the appropriate authorities.

15Your content and the licenses you grant

You keep ownership of Your Content. We claim no ownership of your intake answers, proposals, fee schedules, documents, or profile material.

License to operate the Service. You grant BoardMatch a worldwide, non-exclusive, royalty-free license to host, store, reproduce, reformat, normalize, translate into our comparison structures, transmit, and display Your Content, solely to operate, maintain, secure, support, and improve the Service and to produce outputs such as the Report and the answer library. A Management Company’s Proposal is displayed to the Board whose Bid it responds to; a Board’s scope is displayed to invited bidders in the anonymized form described in Section 5.

License to publish aggregated data. You grant BoardMatch a perpetual, irrevocable, royalty-free license to use Your Content in de-identified and aggregated form as described in Section 16. This license survives termination.

Feedback. If you send us suggestions, we may use them without obligation or compensation.

Warranty on Your Content. You represent that you have the rights necessary to submit Your Content and to grant these licenses, and that Your Content does not infringe anyone’s rights or violate any law.

16Platform data and aggregated market data

Operating the Service produces information about how community association management is actually priced and actually chosen — per-unit-per-month rates by market and size band, cost per door by property type, budget ratios, package composition, staffing ratios, request volume by geography, and the reasons Boards give for declining and for selecting. That body of information is one of the most useful things about running this marketplace honestly, and we use it.

What we may do. We may compile, analyze, and publish this information in de-identified and aggregated form — in market reports, benchmarks, research, articles, and product features, and to inform the operation of affiliated services. Aggregated outputs are constructed so that no individual Association, Board member, or Management Company is identifiable, and any cell representing fewer than ten observations is suppressed.

What we will not do. We will not sell, rent, or license Board intake data, Board contact information, Association identity, or any identifiable Proposal. We will not disclose an individual company’s pricing to a competitor. We will not publish a statistic that identifies a specific Association or a specific company’s pricing without that party’s written permission.

Platform-generated records. Bid records, invitations, timestamps, audit logs, invoices, normalized comparison structures, the Report format, and the canonical question bank are BoardMatch property. Your underlying content remains yours.

17Confidentiality

Each party will protect the other’s non-public business information disclosed through the Service with at least reasonable care, will use it only for the purposes of the Service, and will not disclose it except to personnel and advisors who need it and are bound to comparable obligations, or where compelled by law after giving prompt notice where legally permitted.

Confidential information does not include information that is public through no fault of the recipient, was already rightfully known, is received from a third party without restriction, or is independently developed.

For clarity: a Management Company’s pricing is confidential as to other Management Companies. A Board’s identity and contact information is confidential as to every Management Company until the Board releases it.

18Third-party services and links

The Service may link to or integrate third-party services — scheduling and booking links, review platforms, payment processors, single sign-on providers, and websites operated by others. Those services are governed by their own terms and privacy policies, not ours. We do not control them, do not endorse them, and are not responsible for their content, availability, accuracy, or practices. Your use of them is at your own risk.

Where you connect a third-party account — for example, signing in with a third-party identity provider or linking a public review page — you authorize us to access and display the limited information necessary for that feature.

19Electronic communications, notices, and signatures

Consent to electronic records. By using the Service you consent to receive communications, agreements, disclosures, and notices from us electronically — by email, in the portal, or on the site — and you agree that these satisfy any legal requirement that a communication be in writing.

Electronic signatures. Clicking to accept these Terms, the Network Participation Agreement, or any in-product agreement, and typing your name where asked, constitutes your electronic signature and has the same legal effect as a handwritten one. We record the accepting user, the timestamp, and the document version.

Service and transactional email. Account, Bid status, invitation, proposal, report, vote, invoice, and security messages are part of the Service and are not marketing. You cannot opt out of transactional messages while your account is active.

Marketing and text messages. Marketing email includes an unsubscribe link in every message. If you opt in to text messages, message and data rates may apply, frequency varies, and you can stop at any time by replying STOP or removing the number from your profile. Carriers are not liable for delayed or undelivered messages.

Notices to us. Legal notices to BoardMatch must be submitted through the contact form on the site and marked for the attention of Legal. We do not publish a phone number or a direct inbox, for the same reason we do not release yours.

20Intellectual property

The Service, including its software, design, comparison methodology, normalization structures, Report format, question bank, written content, graphics, and the BoardMatch name and logo, is owned by us or our licensors and is protected by copyright, trademark, and trade secret law. Nothing in these Terms transfers ownership of any of it.

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose — a Board running a management search, a Management Company responding to one. Every other right is reserved.

You may not use the BoardMatch name, logo, or any confusingly similar mark without our written consent, and may not bid on BoardMatch-branded search terms in paid search advertising without our written consent.

If you believe material on the Service infringes your copyright, send a notice through the contact form identifying the work, the material, your contact information, a statement of good-faith belief, and a statement under penalty of perjury that you are authorized to act.

21Disclaimer of warranties

THE SERVICE, THE REPORT, AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOARDMATCH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, BOARDMATCH DOES NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; ANY MINIMUM NUMBER OF PROPOSALS WILL BE RECEIVED FOR ANY BID; ANY PARTICULAR MANAGEMENT COMPANY WILL RESPOND, WILL BE SUITABLE, OR WILL PERFORM; INFORMATION SUBMITTED BY ANY USER IS ACCURATE, CURRENT, OR COMPLETE; OR THAT ANY OUTCOME, SAVINGS, OR RESULT WILL BE ACHIEVED.

BoardMatch is not a party to and does not guarantee the performance of any management agreement between an Association and a Management Company. Disputes about services actually rendered under a management agreement are between the Association and that company.

22Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOARDMATCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

BOARDMATCH’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO BOARDMATCH IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

Because Boards pay nothing, a Board’s recovery under clause (A) would be zero; clause (B) is included so that a Board is not left without a remedy cap floor. These limitations apply even if a limited remedy fails of its essential purpose, and do not apply to liability that cannot be limited under applicable law.

23Indemnification

You will indemnify, defend, and hold harmless BoardMatch and its officers, directors, employees, and agents from any third-party claim, and any resulting loss, damage, judgment, settlement, cost, and reasonable attorneys’ fees, arising out of or relating to: Your Content; your use of the Service; your breach of these Terms or of any representation you made in them; your violation of law or of any third party’s rights; any management agreement you enter or services you render or receive under it; and, for a Management Company, any claim arising from its solicitation of or dealings with an Association.

We will notify you of the claim, allow you to control the defense (except where the claim seeks injunctive relief, involves a governmental authority, or involves another BoardMatch user, in which case we may control it), and cooperate at your expense. You may not settle a claim in a way that imposes any obligation on us without our written consent.

24Suspension, removal, and termination

You may stop using the Service at any time and may request account closure through the portal or the contact form.

We may suspend or terminate access, with or without notice, where you breach these Terms or the Network Participation Agreement, where information you submitted proves materially false, where a Placement Fee is past due, where you solicit a Board off-platform during an active Bid, where you repeatedly accept invitations without responding, where you let a fee schedule go stale after notice, or where your conduct creates risk for other users or for us.

On termination: your license to use the Service ends; obligations that accrued before termination survive, including any Placement Fee owed; and Sections 7, 8, 9, 15, 16, 17, 20 through 23, and 25 through 28 survive. We are not required to retain your content after termination and may delete it, subject to legal retention obligations and to the aggregated-data license in Section 16.

25Dispute resolution and arbitration

Talk to us first. Before starting any formal proceeding, send a written description of the dispute through the contact form. Most disputes resolve here, and both parties agree to try in good faith for thirty (30) days.

Binding arbitration. Any dispute not resolved informally will be settled by binding arbitration administered by a recognized arbitration provider under its commercial rules, before a single arbitrator, in the county of our principal place of business or by remote hearing. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award the prevailing party its reasonable fees and costs; fee-shifting exists so that a modest invoice remains worth enforcing, because obligations that cannot practically be enforced are not obligations.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

CLASS ACTION WAIVER. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM PROCEEDS IN COURT AND ALL OTHER CLAIMS REMAIN IN ARBITRATION.

Opt out of arbitration. You may opt out of this Section by sending written notice through the contact form within thirty (30) days of first accepting these Terms, stating your name, account email, and that you opt out of arbitration. Opting out affects nothing else in these Terms.

Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, except where applicable law prohibits a shortened period.

26Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, and by applicable United States federal law. Where a dispute proceeds in court rather than arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the county of our principal place of business, and waive any objection to that venue.

Nothing here limits any non-waivable right you have under the consumer protection or community association statutes of your own state.

27Changes to these terms

We may modify these Terms. We will update the effective date and version at the top of this page, and for material changes we will provide notice by email or in the portal at least fifteen (15) days before they take effect.

Continued use after the effective date constitutes acceptance. If you do not accept a change, stop using the Service and close your account — but a change to these Terms does not alter the Placement Fee owed on a placement whose Introduction predates the change, and does not alter the terms of a Proposal already submitted.

28General provisions

Entire agreement. These Terms, the Privacy Policy, the Network Participation Agreement, and any executed order or supplemental agreement are the entire agreement between us on their subject matter and supersede prior discussions. No party relies on any representation not stated in them.

Independent parties. Nothing creates a partnership, joint venture, employment, franchise, or agency relationship. Neither party may bind the other.

Assignment. You may not assign these Terms without our written consent, except to a successor to substantially all of your business that assumes your obligations in writing — and a Management Company’s obligations under Sections 7 through 9 bind its successors and affiliates regardless of corporate form. We may assign freely.

Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect.

Waiver. A failure to enforce is not a waiver. Waivers must be written and signed.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. This does not excuse payment obligations.

No third-party beneficiaries. Except as expressly stated, these Terms create no third-party rights.

Construction. “Including” means “including without limitation.” Headings are for convenience. The plain-English lead-ins in this document are part of it and are to be read as explanatory, not as limiting the operative text.

Export and sanctions. You represent that you are not located in, or a national of, an embargoed country, and are not on any U.S. restricted-party list.

29Ownership and contact

BoardMatch is a product of NeighborLink Inc. References to “BoardMatch,” “we,” “us,” and “our” in these Terms mean NeighborLink Inc. operating the BoardMatch service. NeighborLink Inc. may, like any other management provider, submit its own proposal in response to a Bid; where it does, its proposal is normalized, displayed, and treated identically to every other proposal, receives no ranking preference of any kind, and the Board is told which proposal it is.

We do not publish a mailing address, phone number, or email address. Every inquiry, legal notice, privacy request, and dispute is submitted through the contact form on this site, which creates a written record and routes to the right team.