HEARTHSIDE PLATFORM TERMS OF SERVICE & STATUTORY COMPLIANCE DISCLAIMER

THE HEARTHSIDE HOA SOFTWARE PLATFORM, ITS PARENT COMPANY, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, "COMPANY") PROVIDE ADMINISTRATIVE SOFTWARE TOOLS, RECORD-KEEPING SYSTEMS, AND WORKFLOW AUTOMATION FOR RESIDENTIAL AND COMMERCIAL COMMUNITY ASSOCIATIONS. THE PLATFORM, INCLUDING ALL AUTOMATED TIMERS, FEE CALCULATORS, DISCLOSURE TEMPLATES, DELINQUENCY TRACKERS, NOTICE GENERATORS, AND VOTING TOOLS, IS PROVIDED SOLELY FOR INFORMATIONAL AND ADMINISTRATIVE CONVENIENCE.

THE PLATFORM DOES NOT CONSTITUTE, NOR SHALL IT EVER BE CONSTRUED AS, LEGAL, TAX, ACCOUNTING, FINANCIAL, AUDITING, REAL ESTATE CLOSING, OR PROFESSIONAL MANAGEMENT ADVICE. COMPANY IS NOT A LAW FIRM, CERTIFIED PUBLIC ACCOUNTING (CPA) FIRM, LICENSED COMMUNITY ASSOCIATION MANAGEMENT (CAM) FIRM, DEBT COLLECTOR, OR REGISTERED ESCROW AGENT.

COMMUNITY ASSOCIATION GOVERNANCE IS SUBJECT TO RAPIDLY CHANGING AND STRICT LAWS AND REGULATIONS THAT VARY BY JURISDICTION, INCLUDING BUT NOT LIMITED TO:

YOU (THE "ASSOCIATION", "BOARD OF DIRECTORS", "PROPERTY MANAGER", OR "AUTHORIZED USER") EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. Pre-Configured Defaults: THE PLATFORM'S PRE-CONFIGURED DEFAULTS (INCLUDING SUGGESTED LATE FEES, GRACE PERIODS, TURNAROUND DEADLINES, SURCHARGE CAPS, NOTICE TIMELINES, AND TEMPLATE LANGUAGE) DO NOT CONSTITUTE A DETERMINATION OF COMPLIANCE WITH ANY APPLICABLE STATUTE OR YOUR ASSOCIATION’S SPECIFIC GOVERNING DOCUMENTS (CC&RS, BYLAWS, ARTICLES OF INCORPORATION, DECLARATION OF CONDOMINIUM, OR RULES).
2. Mandatory Legal Verification: YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL DEADLINES, NOTICE CLOCKS, ELIGIBILITY DETERMINATIONS, FEE CAPS, AND COLLECTION ACTIONS WITH INDEPENDENT QUALIFIED LEGAL COUNSEL LICENSED IN YOUR JURISDICTION PRIOR TO DISPATCHING NOTICES, IMPOSING FEES, RECORDING LIENS, OR CERTIFYING ELECTIONS.
3. Zero Company Liability: COMPANY ASSUMES NO LIABILITY WHATSOEVER FOR ANY VOIDED LIENS, INVALIDATED VOTES, RESCINDED ESTOPPELS, DEFECTIVE STATUTORY NOTICES, OR STATUTORY PENALTIES LEVIED AGAINST YOU OR YOUR COMMUNITY.

THE PLATFORM IS NOT A DEBT COLLECTION AGENCY. IF YOU USE THE PLATFORM TO TRACK, CALCULATE, OR COMMUNICATE OUTSTANDING ASSESSMENTS OR CHARGES:

1. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C. § 1692 ET SEQ.), THE FLORIDA CONSUMER COLLECTION PRACTICES ACT (FCCPA), THE CALIFORNIA ROSENTHAL ACT, CANADIAN PROVINCIAL COLLECTION AGENCIES ACTS, AND ALL APPLICABLE CONSUMER PROTECTION REGULATIONS.
2. COMPANY EXPRESSLY DISCLAIMS ANY OBLIGATION TO VERIFY THE ACCURACY, LAWFULNESS, OR TIMELINESS OF ANY DEBT CLAIM RECORDED OR DISPATCHED VIA THE PLATFORM.

ESTOPPEL CERTIFICATES (US) AND STATUS CERTIFICATES (CANADA) ARE FORMAL LEGAL INSTRUMENTS. ANY PAYOFF OR CERTIFICATE DATA COMPILED VIA THE PLATFORM CONSTITUTES A DRAFT RECORD BASED ENTIRELY UPON DATA ENTERED BY YOUR ASSOCIATION.

1. THE ASSOCIATION REMAINS EXCLUSIVELY RESPONSIBLE FOR AUDITING THE BALANCE, VALIDATING LIEN PRIORITIES, CONFIRMING REQUISITE CAPITAL CONTRIBUTIONS, AND SECURING AUTHORIZED SIGNATURES.
2. COMPANY BEARS ZERO RESPONSIBILITY FOR CLAIMS ASSERTED BY BUYERS, SELLERS, TITLE COMPANIES, SETTLEMENT AGENTS, OR LENDERS ARISING FROM ERRONEOUS, INCOMPLETE, OR LATE CERTIFICATE DISCLOSURES.

1. DO NOT RELY ON THE PLATFORM TO TRANSMIT EMERGENCY 911/999/112 DISPATCHES, LIFE-SAFETY DIRECTIVES, OR EVACUATION ORDERS.
2. First Responder Code Prohibition: COMPANY EXPRESSLY PROHIBITS THE STORAGE OR MANAGEMENT OF RESTRICTED FIRST RESPONDER ACCESS CODES, MASTER LOCK BYPASSES, OR MUNICIPAL FIRE VAULT CODES ON THE PLATFORM.
3. Physical Overrides: ALL PHYSICAL ACCESS HARDWARE (GATES, DOORS, POOL ENCLOSURES) MUST MAINTAIN INDEPENDENT, CODE-COMPLIANT MANUAL AND MUNICIPAL OVERRIDES (E.G., KNOX BOX) INDEPENDENT OF THE SOFTWARE.

WHILE THE PLATFORM PROVIDES WORKFLOWS TO ASSIST WITH DATA SUBJECT ACCESS REQUESTS (DSAR) AND RIGHT-TO-BE-FORGOTTEN ERASURE:

1. 7-Year Statutory Financial Retention: STATE, PROVINCIAL, AND FEDERAL TAX LAWS (INCLUDING IRS CODE § 6001 AND CANADA REVENUE AGENCY (CRA) EXCISE TAX REGULATIONS) REQUIRE LONG-TERM RETENTION OF FINANCIAL AND GENERAL LEDGER TRANSACTION DATA (STATUTORY 7-YEAR MANDATE).
2. Statutory Record Custody: THE ASSOCIATION IS SOLELY RESPONSIBLE FOR DETERMINING WHICH RECORDS MAY LAWFULLY BE DESTROYED VERSUS THOSE THAT MUST BE RETAINED PURSUANT TO LOCAL CORPORATE RECORD RETENTION MANDATES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. Limitation of Damages: IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR STATUTORY FINES, REGULATORY DAMAGES, VOIDED ACTIONS, LOST ASSESSMENTS, PROPERTY DAMAGE, OR PERSONAL INJURY.
2. Hold Harmless & Indemnification: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES (INCLUDING REASONABLE LEGAL/ATTORNEY FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM, YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS, OR ANY RECORD, NOTICE, OR ACTION ISSUED THROUGH THE SYSTEM.