Official website of the City of San Antonio

PROGRAM PARTICIPATION AGREEMENT AND EXPRESS WAIVER OF LIABILITY WITH HEROSPACE DIGITAL LLC

By applying for and agreeing to participate in the Digital Presence Program, as that term is defined on the Program Home Page at https://sanantonio.digital/, you hereby agree to the following with respect to services provided by Herospace Digital LLC, its personnel, and any subcontractors, vendors, and agency partners you work with in connection with the Program (collectively “Herospace”):

1. All terms and conditions of the Program required by the City of San Antonio are also binding on you with respect to your participation in the Program, including your work with Herospace and any subcontractors.

2. You agree that applying for the Program does not guarantee your participation in the Program, that being accepted into the Program does not guarantee that you will receive free services from Herospace or any subcontractors under the Program or otherwise, and that participation is subject to the terms of the Contract between the City of San Antonio and Herospace under which the Program is being offered. 

3. You acknowledge and agree that the services provided under the Program are limited in nature and in scope, as described on the About the Program page as it may be amended from time to time, and that participation in the Program does not entitle you to any additional services and/or to any free services beyond those specifically stated on the Program Home Page. Specifically, you understand and agree this Program is funded by a grant of funds from the City to Herospace that covers a specific, limited dollar amount of services by Herospace and its subcontractors, and that your ability to receive services at no charge will be limited by the availability of funds under the grant. Once the Program funds are exhausted, no Program participant will be entitled to free services and, if you choose to retain the services of Herospace or a subcontractor will be doing so at your own expense.

4. You agree that all services provided by Herospace are provided “as is” with no express or implied warranties whatsoever, and that you agree that under no circumstances is Herospace or any subcontractors legally responsible for legal damages of any kind for any services provided under this Program.

5. You agree that, if you receive free website hosting services under the Program, it is solely your responsibility to take action to renew those services for the fees charged by the hosting company at the end of the one year period and that Herospace has no responsibility to issue reminders that the free service period will expire absent affirmative action by you to renew the services or to move hosting to another provider. 

6. You agree that Herospace makes no representations or warranties concerning the impact the Program will have on your business, and that your business and the impact of the Program on your business is solely your responsibility.

7. You represent that you understand all of the terms of the Program as they are described on the Program Home Page and in this Agreement, and further expressly waive and release any and all claims against the City of San Antonio and Herospace in any way arising out of or relating to the Program and any work performed under the Program.

8. You agree to hold harmless and indemnify Herospace from any and all claims against it arising that in any way relate to your participation in the Program or any website or other web presence created under the Program.

9. You agree that Herospace may amend this Agreement from time to time and that, by participating in the Program, those amendments are binding on you.

10. You agree that this Agreement is binding on you, your company, and any successors, assigns of your business. 

11. This agreement is subject to Texas law, and you agree that any disputes must be resolved in the state courts located in Bexar County, Texas.