HOA Charter Website Terms of Service
Last updated: October 1, 2026
We wrote this in plain English on purpose. Most people reading it are volunteer HOA board members, not lawyers. Each section opens with a short italic summary; if a summary and the numbered terms seem to conflict, the numbered terms control, but tell us, because it means we wrote the summary badly.
1. Who we are and what these Terms cover
These Terms cover the hoacharter.com website. They do not cover the HOA Charter portal. If your association is a client, your signed contract governs that.
1.1. HOA Charter is a product of The McCarty Enterprises Group, LLC ("TMEG," "we," "us"), a Tennessee limited liability company at 145 Rhody Drive, Johnson City, TN 37615.
1.2. These Terms govern your use of hoacharter.com and its subpages (the "Site"), including informational and pricing pages, the contact and demo request forms, and any discovery-call booking tool.
1.3. These Terms do not govern the HOA Charter portal. The hosted portal associations use for owner records, documents, announcements, voting, requests, and other features as they are offered on applicable tiers (the "Portal") is provided only under a separate signed Client Services Agreement and its Data Processing Addendum (together, the "Client Agreement"). Where these Terms and a signed Client Agreement conflict as to the Portal, the Client Agreement controls.
2. Accepting these Terms
Using the Site means you accept these Terms.
2.1. By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
2.2. If you use the Site for an association, management company, or other organization, you represent that you are authorized to accept these Terms on its behalf, and "you" includes that organization.
3. Who may use the Site
Adults, using it lawfully.
3.1. You must be at least 18 years old. The Site is not directed to children.
3.2. You may not use the Site if barred under applicable U.S. law or if we have previously terminated your access.
3.3. The Site is operated from and intended for the United States. We make no representation that it is appropriate for use elsewhere.
4. The Site is informational, and no service is created here
Browsing, requesting a demo, or booking a call does not sign you up for anything. Service starts only when a Client Services Agreement is signed.
4.1. The Site is provided for general informational and marketing purposes. Nothing on it is an offer capable of acceptance.
4.2. No self-serve service formation. Submitting a demo request, booking a call, corresponding with us, or receiving a quote does not create a client relationship, reserve capacity, lock pricing, or obligate either party. A client relationship as to the Portal is formed only when TMEG and the association execute a written Client Services Agreement.
4.3. Electronic records and signatures. You agree that we may communicate with you electronically, and that a Client Services Agreement or other document may be signed and delivered electronically. An electronic signature or an electronic record has the same effect as a handwritten signature or paper record.
4.4. Nothing on the Site is legal, financial, accounting, insurance, or tax advice. HOA Charter is a software tool; governing documents, state HOA and nonprofit statutes, election procedures, assessment and lien practices, and reserve requirements vary. Consult your association's own attorney and accountant.
5. Demo access and Site accounts
Demo logins are temporary, for evaluation, and are not your association's live system.
5.1. We may provide demonstration environments, sandboxes, or evaluation credentials ("Demo Access") to prospective clients. Demo Access is for evaluation only, is non-exclusive and non-transferable, and may be modified, suspended, or withdrawn at any time.
5.2. Do not enter real owner personal information, real financial data, or real association records into Demo Access. Demo environments are not backed up, carry no service level commitment, and may be reset or deleted without notice.
5.3. You are responsible for keeping any credentials we issue confidential and for activity under them. Notify us promptly at info@themccartyenterprisesgroup.com if they may be compromised.
5.4. Content you place in Demo Access is deleted within 30 days after the evaluation ends, and may be deleted sooner when a demo environment is reset.
6. Acceptable use
Use the Site normally. Do not attack it, scrape it, misrepresent yourself, or abuse our forms.
6.1. You agree not to: (a) use the Site unlawfully; (b) probe or test its security, or circumvent any authentication measure; (c) access it by automated means except a well-behaved crawler respecting robots.txt; (d) submit false, misleading, or impersonating information through any form, including another person's contact details without their permission; (e) use contact information from the Site to send unsolicited commercial messages; (f) transmit malware or disruptive code; (g) interfere with or place unreasonable load on the Site, including denial-of-service activity; (h) reverse engineer or attempt to derive source code, except where that restriction is unenforceable by law; or (i) copy, frame, mirror, or resell the Site or its content.
6.2. We may investigate suspected violations and cooperate with law enforcement where required.
7. Intellectual property
The Site, our name, and our content are ours. Read and share our public pages; do not take our material as your own.
7.1. The Site and its content (text, graphics, layouts, screenshots, illustrations, documentation, and software) are owned by TMEG or its licensors and protected by U.S. copyright, trademark, and other laws.
7.2. "HOA Charter," "The McCarty Enterprises Group," and associated logos are trademarks or service marks of TMEG. You may not use our marks without prior written permission, except to refer to us accurately and without implying endorsement.
7.3. We grant you a limited, revocable, non-exclusive, non-transferable license to view and print Site pages for your association's internal, non-commercial evaluation. All other rights are reserved.
7.4. Feedback. If you send us suggestions or feature requests, you grant us a perpetual, worldwide, royalty-free license to use them without obligation or compensation. We will not name you publicly as the source without permission.
8. Third-party links and services
Some links go to other companies. We do not control those.
8.1. The Site may link to third-party websites, scheduling tools, payment processors, or governance resources. Those links are for convenience. We do not control, endorse, or take responsibility for third-party sites, their content, or their privacy practices; their own terms govern.
8.2. Online dues and assessment payments are a planned Portal feature and are not available today. If and when they launch, they will run through Stripe Connect into the association's own Stripe account and the association's own bank account, and will be subject to Stripe's own agreements with the association. TMEG does not take custody of, hold, or disburse association funds. Payments are a Portal capability, not a Site service, and will be governed by the Client Agreement.
9. Pricing information on the Site
Prices on our pages are informational. The price you pay is the one in your signed agreement.
9.1. Pricing, tier descriptions, and feature lists on the Site are general information, may change without notice, and are not an offer. Pricing binds only as stated in an executed Client Services Agreement or written order.
9.2. Any promotional or introductory offer is subject to the written terms published with that offer; where those published terms and these Terms conflict as to that offer, the published offer terms control. Associations that join through our founders' pricing are Founding Communities, their board members are Founding Members, and that offer (eligibility, availability, and how long the rate is held) is governed by the HOA Charter Founding Communities Program Terms published on the Site.
9.3. Prices on the Site are shown before sales or use tax. Where tax applies, it is added at invoice.
9.4. We may correct pricing or descriptive errors at any time, including after a demo request is submitted.
10. Disclaimers
We work hard on the Site, but we provide it as-is.
10.1. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMEG DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.2. We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that its information is complete, current, or accurate.
10.3. This Section applies to the Site only. Warranties, service commitments, and their limits for the Portal are stated in the Client Services Agreement.
11. Limitation of liability
If something goes wrong with the website, our financial responsibility is limited.
11.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMEG AND ITS MEMBER, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMEG'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). This cap limits TMEG's liability only; it does not limit your obligations under Section 12.
11.3. Nothing in this Section limits liability that cannot be limited by law, including liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence.
11.4. Where a jurisdiction does not allow certain exclusions, our liability is limited to the greatest extent permitted.
12. Indemnification
If you misuse the Site and that causes a claim against us, you cover it. This is narrow.
12.1. You will defend, indemnify, and hold harmless TMEG from third-party claims, damages, and reasonable attorneys' fees arising from: (a) your breach of Section 6; (b) your infringement or misappropriation of TMEG's or a third party's intellectual property through your use of the Site; or (c) your submission of another person's personal information through a Site form without authorization.
12.2. This indemnity is limited to those three categories and does not extend to the Portal, to TMEG's own acts or omissions, or to ordinary informational use of the Site.
12.3. We will give you prompt written notice of any claim we ask you to cover and reasonable cooperation at your expense. You may control the defense and settlement, except that you may not settle a claim in a way that admits fault on our behalf or imposes an obligation on us without our written consent.
13. Suspending or ending Site access
We can cut off access if the Site is misused. You can stop using it whenever you want.
13.1. We may suspend or terminate your access to the Site or Demo Access at any time, with or without notice, including for suspected violation of these Terms.
13.2. You may stop using the Site at any time.
13.3. Termination of Site access does not affect a signed Client Services Agreement, which has its own term and termination provisions.
13.4. Sections 7, 10, 11, 12, 14, and 15 survive termination.
14. Governing law and venue
Tennessee law applies; disputes go to court in Washington County, Tennessee.
14.1. These Terms are governed by Tennessee law, without regard to conflict-of-laws rules.
14.2. Any action relating to these Terms or the Site will be brought exclusively in the state courts located in Washington County, Tennessee, or the United States District Court for the Eastern District of Tennessee. Each party consents to personal jurisdiction and venue there and waives any inconvenient-forum objection.
15. General
15.1. Changes to these Terms. We may update these Terms. When we do, we will change the "Last updated" date, post the revised Terms, and highlight material changes on the Site for a reasonable period. Continued use after the effective date means you accept them. Prior versions are available on request.
15.2. Entire agreement. These Terms are the entire agreement regarding the Site and supersede prior understandings about it. They do not supersede any signed Client Services Agreement.
15.3. Severability. An unenforceable provision will be modified to the minimum extent necessary or severed; the rest remains in effect.
15.4. No waiver. Failure to enforce a provision is not a waiver.
15.5. Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or asset sale.
15.6. No third-party beneficiaries. These Terms create rights only in you and TMEG.
15.7. Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
16. Contact us
Real people, real address, real email.
The McCarty Enterprises Group, LLC, 145 Rhody Drive, Johnson City, TN 37615, info@themccartyenterprisesgroup.com
Related: HOA Charter Privacy Policy and HOA Charter Founding Communities Program Terms. Clients: your Client Services Agreement and Data Processing Addendum govern the Portal.