Terms of Service

DEFINITIONS

To enhance clarity, we define the following terms as used in this Agreement:

"PropFusion" refers to PropFusion LLC, a Delaware limited liability company, including its affiliates, officers, directors, employees, and agents.  

"Platform" refers to the website, software, tools, and all related services provided by PropFusion.  

"User" refers to any individual or entity accessing or using the Platform, including HOAs, Association Managers, and Reserve Study Providers.  

“Reserve Study Provider” refers to any individual or entity that prepares and submits reserve studies through the Services, regardless of professional qualifications or certifications. Reserve Study Providers may possess credentials such as a CAI Reserve Specialist (RS) designation, an engineering degree, or other experience or qualifications relevant to the reserve study industry. It is the responsibility of the HOA or its representatives to assess and verify the credentials and suitability of any Reserve Study Provider they choose to engage.

"Client" refers to HOAs, Association Managers, or any other entity that requests or purchases a reserve study through the Platform.

"Third-Party Provider" refers to any non-PropFusion entity that integrates with or offers services through the Platform, including payment processors, financial tools, and maintenance providers.  

"Confidential Information" refers to non-public business, financial, or proprietary data disclosed between Users and PropFusion.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if your interactions are subject to such laws, you should not use the Services. Additionally, you must not use the Services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

Service Level Commitments

PropFusion uses commercially reasonable efforts to ensure the Services remain available and operational, excluding periods of scheduled maintenance. In the event of extended or unexpected downtime that materially impacts access to the Services, affected users may request a prorated service credit. Such requests must be submitted within 30 days of the downtime occurrence.

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2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

·  access the Services; and

·  download or print a copy of any portion of the Content to which you have properly gained access.

solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: office@propfusion.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part),and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

·   confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

·   to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;

· warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and

· warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

Users may not misrepresent or imply professional qualifications, credentials, or expertise they do not possess when preparing, submitting, or promoting reserve studies on the Services. Reserve Study Providers must not imply, through language, designations, or presentation, that they hold any certification, license, or qualification they have not earned.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

PropFusion facilitates payments between HOAs / Association Managers and Reserve Study Providers. Payments made through the platform are collected on behalf of the provider, with PropFusion retaining a facilitation fee. PropFusion does not provide the reserve study service itself.

PropFusion does not verify the professional credentials of Reserve Study Providers. HOAs are responsible for ensuring that the Reserve Study Provider they engage meets state regulatory requirements and professional standards. Before accepting a reserve study, HOAs must acknowledge that PropFusion makes no representation about the accuracy, compliance, or sufficiency of the study for legal or fiduciary purposes.

HOAs acknowledge that PropFusion does not guarantee the professional qualifications of Reserve Study Providers preparing reserve studies. Payments made to Reserve Study Providers for reserve studies are non-refundable unless explicitly agreed upon in a written service contract.

PropFusion does not provide legal, tax, investment, or accounting advice. Use of the Platform does not establish an attorney-client, accountant-client, or fiduciary relationship. Users should seek independent legal or financial advice before making any decisions based on reserve study data or financial projections.

PropFusion does not guarantee compliance with state-specific HOA reserve study laws, fiduciary obligations, or investment regulations. Users are solely responsible for ensuring compliance with state, federal, and local laws governing reserve fund management.

Third-Party Payment Processors

We use third-party payment processors (e.g., Stripe). We are not responsible for errors, delays, or security breaches caused by these third parties. Disputes regarding payments should be directed to the respective payment provider.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as we deem required. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

PropFusion integrates with third-party financial institutions to facilitate transactions. PropFusion is not responsible for financial losses due to:

• Bank failures or insolvencies
• FDIC insurance limitations
• ACH or wire transfer delays
• Regulatory actions affecting financial institutions

Users acknowledge that financial risks remain solely with the institution holding funds. PropFusion does not guarantee the security, solvency, or performance of third-party financial institutions.

6. SUBSCRIPTIONS

Billing and Renewal: You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly. 

Users agree that subscription fees are non-refundable. If a chargeback is initiated, PropFusion reserves the right to suspend or terminate the user's access to the platform. Users disputing charges must first contact PropFusion for resolution before initiating a chargeback. PropFusion retains the right to recover disputed fees, including legal and administrative costs incurred.

PropFusion is not responsible for regulatory changes that may affect the availability of its services. If legal changes impact a user's access, no refunds will be provided for pre-paid subscriptions. 

Plan Downgrades: If a user requests to switch to a lower-tier plan, the downgrade will take effect at the end of the current billing cycle. The user will continue to have access to their current plan’s features until the billing period ends, at which point the new lower-tier plan will take effect.

Users will not receive a pro-rated refund for downgrades made mid-cycle. To ensure a seamless transition, downgrade requests should be submitted at least 24 hours before the next billing cycle begins.

Cancellation: All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at office@propfusion.com.

Upon termination or cancellation of a subscription, Users may request an export of reserve study data in a machine-readable format (CSV or PDF).Requests must be submitted within 30 days of termination. PropFusion does not guarantee compatibility with external software. 

Users acknowledge that historical financial records may not be fully exportable, and PropFusion retains aggregated and anonymized data for compliance and analytics purposes. 

Fee Changes: We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

Auto-Renewal Notice: Subscriptions renew automatically unless canceled at least30 days before the renewal date. For compliance with California and New York Auto-Renewal Laws (ARL), PropFusion will send a renewal reminder email at least 15 days before renewal. However, failure to receive this email does not affect the auto-renewal process. Users are responsible for managing their own cancellation deadlines.

Users acknowledge that their subscription will auto-renew unless explicitly canceled, and that failure to do so within the specified period may result in continued charges.

Refunds for Billing Errors: PropFusion offers refunds for billing errors, duplicate charges, or incorrect fees if reported within 30 days of the transaction. Refunds will not be granted for service dissatisfaction, user errors, or disputes related to third-party integrations.

To request a refund or dispute a charge, users must:

1.      Submit a written request to office@propfusion.com within 30 days of the transaction.

2.      Provide detailed documentation, including the transaction ID, billing statement, and reason for the dispute.

3.      Allow up to 10 business days for a resolution.

If a dispute cannot be resolved through PropFusion, users may contact their payment provider. However, initiating a chargeback without first attempting resolution may result in account suspension.

Refund Exceptions: While purchases are non-refundable, we will issue refunds for billing errors or prolonged service interruptions exceeding 5 consecutive days. Refunds for service disruptions will be issued pro-rata for affected users upon written request. Users disputing a charge must notify PropFusion within 14 days of the transaction to be eligible for a refund review.

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7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Users agree not to use bots, scrapers, automated scripts, or any non-human method to access, copy, or extract data from the Platform. Any violation may result in account termination and legal action.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including with out limitation, clear graphics interchange formats ("gifs"), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including with out limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.

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8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material(collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or wellbeing of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

User-Generated Content and Grant of License

Pre-Upload Checklist

Before uploading content, including reserve studies, users must confirm that they:

• You are the owner of the content or have obtained the necessary rights, licenses, or permissions to upload, store, and share it.
• Your use of the content does not infringe any third-party copyrights, trademarks, or proprietary rights.
• The content is accurate and does not misrepresent financial data, regulatory compliance, or legal obligations.

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Metadata Tagging

Users are encouraged to include attribution metadata when uploading reserve studies, including:

• The name of the original reserve study provider.
• The date of creation and any applicable licensing terms.
• A disclaimer if the content has been modified from its original form.

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License Grant to PropFusion

By uploading content, users grant PropFusion a non-exclusive, irrevocable, worldwide, royalty-free, perpetual license to store, display, utilize, analyze, and process the content for:

• Platform functionality, including providing storage and access to reserve studies.
• Generating financial insights and commercial analytics.
• Service continuity, compliance, and operational efficiency.

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Indemnification for Uploaded Content

Users agree to indemnify and hold harmless PropFusion from any claims, damages, or liabilities arising from:

• Copyright infringement, unauthorized use, or misattribution of uploaded content.
•  Financial decisions or reliance on uploaded data by third parties.
• Legal disputes between Reserve Study Providers and end users.

Users acknowledge that they are solely responsible for ensuring compliance with all applicable federal, state, and local laws regarding HOA reserve fund management, financial reporting, and investment regulations. PropFusion does not guarantee compliance with any HOA-specific, financial, or industry regulations.

Content Review & Monitoring (Post-Upload Monitoring)

• PropFusion does not actively monitor user-generated content but reserves the right to review, flag, or remove content that violates these Terms.
• Auto mated tools may be used to detect duplicate or infringing materials.
• User scan report suspected unauthorized content through the DMCA takedown process.

Rights Over Reserve Studies

1. Users retain ownership of reserve studies they upload.
2. By uploading a reserve study, users grant PropFusion an irrevocable, worldwide, perpetual license to store, display, utilize, and analyze the study for service-related functionality and commercial insights.
3. Users may delete their uploaded content, but historical records may be retained for legal compliance, operational requirements, or analytical use.

Indemnification for Uploaded Content

You agree to indemnify and hold harmless PropFusion from any claims, damages, or liabilities arising from:

• Your upload, storage, or use of content on the platform.
• Any claims of copyright infringement or unauthorized distribution related to your Contributions.
• Any legal claims resulting from reliance on uploaded reserve study data.

Aggregated and Anonymized Data

PropFusion reserves the right to aggregate and anonymize reserve study data for statistical analysis, research, and commercial insights. This aggregated data will not contain personally identifiable information and may be used at PropFusion’s discretion.

PropFusion is a technology platform and intermediary that does not verify, audit, or ensure the accuracy, completeness, legal compliance, or financial validity of any reserve study created or uploaded by Reserve Study Providers. Users acknowledge that they are solely responsible for evaluating the credentials, accuracy, and compliance of any reserve study before making financial or maintenance decisions. PropFusion is not liable for financial losses, investment decisions, or regulatory compliance failures resulting from reliance on uploaded reserve study data.

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10. GUIDELINES FOR REVIEWS 

We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first hand experience with the person or entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.

11. SOCIAL MEDIA 

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party account information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account(the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.

Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.

We make no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.

12. THIRD-PARTY WEBSITES, CONTENT, AND API INTEGRATIONS

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Additionally, the Services may integrate with third-party APIs, including but not limited to financial tools, maintenance marketplaces, and other external software providers ("Third-Party API Integrations").

Such Third-Party Websites, Third-Party Content, and Third-Party API Integrations are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party Websites accessed through the Services, any Third-Party Content posted on, available through, or installed from the Services, or any outcomes resulting from the use of Third-Party API Integrations, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in these Third-Party sources.

Inclusion of, linking to, or permitting the use or installation of any third-party Websites, Third-Party Content, or Third-Party API Integrations does not imply approval or endorsement thereof by us. If you decide to leave the services and access Third-Party Websites or use Third-Party API Integrations, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or service to which you navigate from the Services or that you integrate with the Services. 

Any purchases you make through Third-Party Websites or services integrated via Third-Party API Integrations will be through other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products, services, or functionality of any Third-Party Websites or API Integrations, and you shall hold us blameless from any harm caused by your use of such third-party services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content, Third-Party Websites, or Third-Party API Integrations. 

PropFusion is not liable for financial losses, miscalculations, transaction errors, or security breaches resulting from third-party API integrations, including financial tools and maintenance marketplaces. Users acknowledge that PropFusion does not verify the accuracy, reliability, or compliance of third-party data and assume full responsibility for verifying transaction details before relying on such integrations. PropFusion shall not be responsible for any damages, losses, or liabilities arising from third-party actions, service failures, or data security incidents. Users interact with third-party providers at their own risk.

Users acknowledge that PropFusion integrates with third-party APIs for financial data, investment analytics, and maintenance tools. These integrations may transmit financial and business data to external services, and PropFusion does not verify the accuracy of third-party data, or guarantee compliance with data security, financial regulations, or investment standards of third-party providers. Users assume all risks associated with data-sharing and reliance on third-party data, and PropFusion disclaims all liability for errors, omissions, misleading information, or financial losses resulting from such integrations. PropFusion does not control, endorse, or assume responsibility for third-party software, financial tools, or maintenance integrations, and users transmit data to external APIs at their own risk.

13. SERVICES MANAGEMENT 

We reserve the right, but not the obligation, to: (1) monitor the services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible)any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

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14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy:http://www.propfusion.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States, Netherlands, Singapore, United Kingdom, Germany, Canada, India, and Australia. If you access the services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, Netherlands, Singapore, United Kingdom, Germany, Canada, India, and Australia, then through your continued use of the services, you are transferring your data to the United States, Netherlands, Singapore, United Kingdom, Germany, Canada, India, and Australia, and you expressly consent to have your data transferred to and processed in the United States, Netherlands, Singapore, United Kingdom, Germany, Canada, India and Australia.

Security and Compliance

PCI-DSS Compliance: Payments are processed via PCI-DSS-compliant providers. We do not store full card details.

Data Security: Industry-standard measures (encryption, security audits)are used to protect user data.

Security Breach Notification Policy

In the event of a security breach affecting financial or personally identifiable information (PII), PropFusion will:  

1. Notify affected Users within 72 hours of discovery, in compliance with applicable U.S. state data breach notification laws.
2. Provide details on affected data, potential risks, and mitigation steps.  
3. Work with regulatory authorities as required by law.

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Users agree that no system is entirely secure, and they should implement independent security measures. 

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15. COPYRIGHT INFRINGEMENT and DMCA TAKEDOWN PROCESS 

Reporting Copyright Violations

PropFusion respects intellectual property rights and expects users to do the same. If you believe that content on the platform infringes upon your copyright, you may submit a Digital Millennium Copyright Act (DMCA) Notice requesting removal of the infringing content.

Your DMCA Takedown Notice must include:

• Identification of the copyrighted work that you claim has been infringed.
• A direct link (URL) or description of the infringing material on our platform.
• Your contact information, including full legal name, mailing address, phone number, and email address.
• A statement under penalty of perjury that you have a good faith belief that the content is unauthorized.
• Your physical or electronic signature.

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You can submit your takedown request via:

• Email: office@propfusion.com
• Mail: DMCA Compliance, PropFusion LLC, 1111B S Governors Ave STE 23267, Dover, DE19904, United States

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Counter-Notice Process (Dispute Resolution) 

If you believe a DMCA claim was filed in error, you may submit a Counter-Notice that includes:

• Identification of the removed content.
• A statement under penalty of perjury that you have the right to post the content.
• Your consent to jurisdiction in the United States (if outside the US).
• Your physical or electronic signature.

Upon receiving a valid Counter-Notice, we may restore the content unless the original claimant files a court order within 10 business days.

16. TERM AND TERMINATION

These legal terms shall remain in full force and effect while you use the services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses) to any person for any reason or for no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these legal terms or any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

User accounts, subscriptions, and service access may not be transfer red, sold, or assigned without written approval from PropFusion. Any unauthorized transfer will be void.

PropFusion reserves the right to terminate accounts for (a) violations of these Terms, (b) fraudulent activity, (c) failure to pay fees, or (d)regulatory compliance risks. Users will receive a written notice of termination, and disputes must be submitted in writing within 10 business days of notice.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

Data Retention Upon Termination

As reserve studies are business records, user data will only be deleted upon request. Upon a valid user request, we will delete identifiable data within 30 days, except for data retained for legal obligations. Backup copies may be kept for up to 90 days.

17. MODIFICATIONS AND INTERRUPTIONS

PropFusion reserves the right to modify, suspend, discontinue, or remove any feature, service, or functionality of the platform at any time, without notice and without liability to users. Users acknowledge that no feature, tool, or function is guaranteed to remain available indefinitely.

PropFusion uses commercially reasonable efforts to ensure the Services remain available and operational, excluding periods of scheduled maintenance. In the event of extended or unexpected downtime that materially impacts access to the Services, affected users may request a prorated service credit. Such requests must be submitted within 30 days of the downtime occurrence.

PropFusion is not liable for damages due to service interruptions caused by:  

• Scheduled maintenance (with at least 48 hours' notice)
• Cyber attacks, data center failures, or force majeure events
• Third-party service disruptions

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We have no obligation to update any content on the Services and will not be responsible for any modifications, price changes, suspensions, or discontinuance of the Services. Nothing in these Legal Terms obligates us to provide ongoing support, maintenance, corrections, updates, or releases.

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18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles. 

PropFusion operates exclusively in the United States and serves only U.S.-based clients. As such, all legal matters, disputes, and claims related to the Services shall be resolved under U.S. law, and PropFusion makes no representations regarding compliance with non-U.S. laws or regulations.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

Users outside the United States acknowledge that PropFusion’s Services are governed exclusively by U.S. law and that PropFusion does not guarantee compliance with foreign regulations. Regardless of local laws, these Terms are subject to the laws of Delaware, United States, and any legal disputes shall be resolved exclusively in Delaware courts.

19. DISPUTE RESOLUTION

Informal Negotiations 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us(individually, a "Party" and collectively, the "Parties"),the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute (except for those expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA")and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available on the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rule sand, where appropriate, limited by those rules. Each party will bear its own legal costs, and arbitration filing fees shall not exceed $2,500 per party unless otherwise required by AAA rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but is not required to provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Kent County, Delaware. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s award.

Exception: Either Party may bring an individual claim in small claims court if the Dispute qualifies under applicable small claims jurisdiction. Users may only file in small claims court OR arbitration, but not both. If a claim is resolved in small claims, it cannot later be arbitrated.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Kent County, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. 

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Users waive their right to bring individual claims exceeding $5,000 in damages. Any dispute must be resolved exclusively through arbitration, and total liability is capped at the amount paid by the user in the last 12 months. 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 

Class Action Waiver 

All disputes must be resolved on an individual basis. You waive any right to bring or participate in a class action lawsuit against us.

Disputes Between Users

PropFusion is a technology platform and does not mediate disputes between users. If a dispute arises between a Reserve Study Provider, an HOA, or an Association Manager, the involved parties must resolve the matter independently.

PropFusion does not provide arbitration, mediation, or enforcement of agreements between users. However, if we receive complaints regarding repeated violations of platform policies (e.g., fraudulent activity, failure to deliver services, or misuse of funds), we reserve the right to investigate and take appropriate action, including account suspension or termination.

Users acknowledge that PropFusion is not responsible for any contractual, financial, or service-related disputes between parties and waives all liability arising from such disputes.

Users waive their right to participate in class actions or collective claims.

Disputes Regarding Reserve Studies

PropFusion is a neutral technology platform and does not mediate disputes between HOAs, Association Managers, and Reserve Study Providers.

HOAs and Reserve Study providers must resolve disputes directly. PropFusion does not assume liability for financial losses, regulatory compliance failures, or fiduciary issues arising from reliance on a reserve study.

PropFusion reserves the right to remove any Reserve Study Provider found to engage in fraudulent, misleading, or deceptive practices.

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20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. EDUCATIONAL CONTENT DISCLAIMER 

PropFusion Academy provides educational content, including articles, guides, and general industry insights, to help users understand the reserve study process and the PropFusion platform. This content is provided for informational purposes only and does not constitute legal, financial, investment, tax, or professional advice. 

Users acknowledge that:

• The educational content does not replace the expertise of licensed professionals, including Reserve Study Providers, attorneys, accountants, or financial advisors.
• PropFusion does not verify, audit, or guarantee the accuracy, completeness, or regulatory compliance of the information provided in educational content.
• Any actions taken based on PropFusion’s educational materials are at the user’s sole discretion and risk.

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PropFusion disclaims all liability for any errors, omissions, or financial decisions made based on educational content. Users are advised to consult qualified professionals before making financial, investment, legal, or reserve fund management decisions.

22. DISCLAIMER

General Disclaimer  

The Services are provided on an “as-is” and “as-available” basis. You agree that your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

We make no warranties or representations about:

• The accuracy, completeness, reliability, or timeliness of the Services’ content or any reserve study data uploaded by third parties.
• The accuracy or completeness of third-party content linked to or integrated with the Services.
• The availability, security, or error-free performance of the Services.

We assume no liability or responsibility for:

1. Errors, mistakes, or inaccuracies of content and materials.  
2. Personal injury or property damage resulting from your access to or use of the Services.  
3. Unauthorized access to or use of our secure servers and any personal or financial information stored therein.  
4. Interruptions or failures in transmission of the Services.  
5. Bugs, viruses, or malicious software transmitted through the Services.  
6. Errors or omissions in content that result in financial or business losses.  

We do not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party, including:

• Any third-party Reserve Study Providers using the platform.
• Any financial institutions, payment processors, or maintenance service providers integrated with the Services.
• Any advertisements, hyperlinks, or external content available through the Services.

Any interactions, financial decisions, or contractual agreements between HOAs, Association Managers, and Reserve Study Providers are conducted at your own risk, and PropFusion shall have no liability for disputes, misrepresentations, or service failures.

Educational Content Disclaimer

PropFusion Academy provides educational content, including articles, guides, tutorials, and general industry insights, to help users understand the reserve study process and the PropFusion platform. This content is provided for informational purposes only and does not constitute legal, financial, investment, tax, or professional advice.

PropFusion Academy provides general educational resources about reserve studies but does not certify or endorse Association Managers to prepare reserve studies. HOAs should not assume that educational content on the platform qualifies an Association Manager to conduct reserve studies.

PropFusion does not warrant the accuracy, completeness, or reliability of any Educational Content, including reserve study best practices, funding recommendations, financial modeling techniques, or regulatory compliance guidelines. 

Certification and Qualification Disclaimer

PropFusion Academy provides general educational resources about reserve studies but does not certify or endorse Reserve Study Providers to prepare reserve studies. HOAs should not assume that educational content on the platform qualifies a Reserve Study Provider to conduct reserve studies. HOAs are responsible for independently verifying whether a Reserve Study Provider-prepared study meets legal and industry standards before relying on it for financial or compliance purposes.

Users acknowledge and agree that:

• The educational content does not replace the expertise of licensed professionals, including Reserve Study Providers, attorneys, accountants, or financial advisors.
• PropFusion does not verify, audit, or guarantee the accuracy, completeness, or regulatory compliance of the information provided in educational content.
• Regulatory requirements vary by state, and users must verify compliance independently.
• PropFusion assumes no liability for financial decisions made based on Educational Content. Any actions taken based on PropFusion’s educational materials are at the user’s sole discretion and risk. 

Under no circumstances shall PropFusion be liable for any direct, indirect, incidental, consequential, or punitive damages resulting from the use or misuse of Educational Content. 

No Fiduciary Duty or Professional Advice   

PropFusion is not a fiduciary, and no attorney-client, accountant-client, or advisory relationship is established by using the Services. Users acknowledge that:

• PropFusion does not provide investment, tax, accounting, legal, or reserve fund management services.
• Reserve study projections and financial modeling tools are not guarantees of future financial outcomes.
• Any reliance on platform-generated financial data is at your own risk.

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HOAs, Association Managers, and Reserve Study Providers are solely responsible for ensuring that reserve fund management and financial planning decisions comply with applicable laws and industry standards. 

Financial & Regulatory Disclaimer  

PropFusion does not guarantee compliance with federal, state, or local reserve study laws, including but not limited to:

• State-mandated reserve study requirements.
• HOA fiduciary and investment regulations.
• Accounting and financial reporting obligations.

Reserve Study Providers and HOAs are responsible for confirming the accuracy, regulatory compliance, and legal validity of any reserve studies uploaded, generated, or relied upon through the platform. 

No Guarantees Regarding Third-Party Content or Services  

PropFusion integrates with third-party services, including:

• Payment processors (e.g., Stripe)
• Financial institutions for reserve fund investment
• Property maintenance service providers
• External software for data analysis or automation

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Users acknowledge that:

• Third-party service failures, delays, or security breaches are not PropFusion’s responsibility.
• Financial transactions conducted through third-party institutions remain at your ow nrisk.
• PropFusion does not control, endorse, or verify third-party software, investment tools, or financial models.

External Links & Advertisements   

The Services may contain links to third-party websites or display advertisements. Users acknowledge that:

• PropFusion does not guarantee the accuracy or security of any external websites.
• PropFusion is not responsible for third-party offers, promotions, or advertisements.
• Users interact with third-party content at their own risk.

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Limitation of Liability & Assumption of Risk   

To the maximum extent permitted by law, PropFusion’s liability is strictly limited as follows:

• We are not responsible for financial losses, damages, or liabilities arising from third-party actions, service failures, or investment decisions.
• Users assume full risk when relying on financial projections, reserve study data, or external integrations.
• PropFusion’s total liability for any claims or damages shall not exceed the amount paid by the user in the previous 12 months.

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Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In those cases, our liability is limited to the maximum extent permitted under applicable law.

Force Majeure  

PropFusion is not liable for failures, delays, or disruptions caused by:

• Natural disasters (e.g., earthquakes, hurricanes, wildfires)
• Cyber attacks or security breaches
• Regulatory changes or government actions
• Third-party financial institution failures
• Internet or infrastructure disruptions

If any such event materially affects service availability, PropFusion shall not be held responsible for any resulting losses or downtime.

No Class Actions and Waiver of Certain Claims

Users agree that:

• No class action lawsuits may be filed against PropFusion.
• All claims must be brought individually in accordance with the Dispute Resolution clause (Section 19).
• Users waive any claims exceeding $5,000 in damages.

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Survival of Disclaimers & Limitations 

The provisions of this Section 22 shall survive the termination of the user’s relationship with PropFusion. Users acknowledge that:

• All disclaimers, limitations of liability, and risk assumptions remain valid even after account closure.
• PropFusion retains the right to modify, update, or discontinue disclaimers without prior notice.

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23. LIMITATIONS OF LIABILITY

No Liability for Direct, Indirect, or Consequential Damages  

In no event shall we, our affiliates, officers, directors, employees, agents, licensors, or service providers be liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, special, punitive, or other damages, including but not limited to:

• Loss of profits, revenue, business opportunities, goodwill, or anticipated savings.  
• Loss, corruption, or compromise of data.  
• Business interruption or service downtime.  
• Inaccuracies or errors in reserve studies, financial projections, or related calculations.  
• Personal injury or property damage resulting from use of the Services.  
• Unauthorized access to or use of our secure servers and any personal or financial data stored therein.  
• Any bugs, viruses, malware, or other harmful code transmitted through the Services.

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Even if we have been advised of the possibility of such damages, our total liability in any event shall be strictly limited as set forth below.  

PropFusion is a technology platform and does not verify, certify, or guarantee the accuracy, legal compliance, or reliability of reserve studies prepared by Reserve Study Providers. HOAs that accept reserve studies from uncertified providers do so at their own risk.

Under no circumstances shall PropFusion be held liable for:

• Errors, omissions, or misleading information in reserve studies prepared by Reserve Study Providers.
• Financial losses, regulatory penalties, or legal claims arising from reliance on a study prepared by a Reserve Study Provider.
• Non-compliance with state-mandated reserve study requirements.

Financial and Third-Party Service Liability Cap

PropFusion shall not be liable for financial losses exceeding $5,000 USD arising from:

• Third-party service errors, including but not limited to payment processors, investment platforms, or maintenance service providers.
• Investment decisions made based on reserve study forecasts, financial projections, or funding recommendations available on the Services.
• Inaccurate, incomplete, or outdated reserve study data uploaded by third-party Reserve Study Providers.

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This limitation applies regardless of whether the claim is based on contract, negligence, misrepresentation, or any other legal theory. Users acknowledge that reliance on third-party services or reserve study data is at their own risk.

Maximum Liability Cap  

Notwithstanding anything to the contrary, our total liability to you for any cause whatsoever, regardless of the form of action, shall not exceed the total amount paid by you to us in the twelve (12) months preceding the event giving rise to the claim.  

If you have not made any payments, your sole remedy shall be to discontinue use of the Services.  

Financial and Investment Liability Disclaimer  

PropFusion does not provide financial, investment, tax, or legal advice. Reserve studies and financial projections available on the platform are for informational purposes only and should not be relied upon for investment, tax, or regulatory compliance decisions.  

By using the Services, you acknowledge that:

• Financial projections and forecasts are based on user-inputted data and predefined assumptions that may not reflect actual conditions.  
• We do not guarantee the accuracy, completeness, or reliability of financial outputs.  
• You should consult independent legal, financial, or tax professionals before making financial commitments based on reserve study data.  
• We are not responsible for errors, miscalculations, or non-compliance with HOA regulations, financial laws, or industry standards.  

You assume all financial risks when using PropFusion, and we expressly disclaim liability for financial losses or investment decisions based on platform-generated data.   

No Fiduciary Duty or Professional Responsibility

PropFusion is not a fiduciary and does not owe any duties of loyalty, care, or prudence to users, including HOAs, Association Managers, or Reserve Study Providers.  

We do not verify the accuracy, legal compliance, or regulatory adherence of any reserve study, financial projection, or third-party service available through our platform. You are solely responsible for ensuring the suitability and compliance of any reserve study before making financial, investment, or maintenance decisions.  

No Liability for Educational Content

To the fullest extent permitted by law, PropFusion shall not be liable for any loss, damage, or claim arising from the use, reliance upon, or misinterpretation of Educational Content provided through the platform, including but not limited to:

• Errors, inaccuracies, or outdated information regarding reserve study methodologies or industry regulations.
• Financial or investment losses caused by reliance on non-certified recommendations.
• Regulatory fines or legal claims due to misinterpretation of general guidance.

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Users assume full responsibility for verifying any educational information before acting upon it and must consult a qualified professional for specific guidance. 

Exclusions for Third-Party Services and Integrations

The Services may integrate with third-party financial tools, maintenance marketplaces, and data providers. PropFusion:

• Does not guarantee the accuracy, reliability, security, or regulatory compliance of any third-party service or API integration.
• Is not responsible for data errors, miscalculations, payment failures, or security breaches resulting from third-party services.
• Does not endorse third-party products, services, or financial projections.

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Users acknowledge that all interactions with third-party providers are at their own risk, and PropFusion is not liable for financial, contractual, or service-related disputes with third parties.  

Data Loss and Security Risks  

PropFusion applies industry-standard security measures, including encryption, access controls, and regular audits. However, we do not guarantee that:

• The Services will be completely secure from cyberattacks, unauthorized access, or data breaches.
• Data stored on the platform will be free from corruption, deletion, or loss.  
• No unauthorized third party will gain access to personal or financial data.  

Users are responsible for:

• Maintaining independent backups of critical data.  
• Implementing their own security measures, including strong passwords and multi-factor authentication.  
• Monitoring their accounts for unauthorized activity.

PropFusion shall not be liable for any data loss, breaches, or unauthorized access beyond its reasonable control.  

Limitation of Legal Claims  

Users agree that any claim, dispute, or cause of action against PropFusion must be:  

• Filed within one (1) year from the date the cause of action arose.  
• Resolved individually, not as part of a class action or consolidated claim (See Section Dispute Resolution).

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Users waive their right to claim damages exceeding $5,000 USD, even in cases of negligence.  

Force Majeure – No Liability for Uncontrollable Events  

PropFusion shall not be liable for service failures, disruptions, or damages caused by events beyond its reasonable control, including but not limited to:  

• Cyber attacks, server failures, or data center outages.
• Regulatory changes, financial institution failures, or government actions.  
• Natural disasters, pandemics, or extreme market conditions affecting reserve fund planning.  
• Third-party service failures, including payment processors, banks, and investment platforms.

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Users acknowledge that reserve study calculations, funding projections, and financial models may become obsolete due to unforeseen economic or legal changes, and PropFusion shall not be liable for such changes.  

Exceptions and Consumer Rights   

Some U.S. state laws and international regulations may not allow certain limitations of liability. If such laws apply, some or all of the above limitations may not apply to you, and you may have additional rights under your local laws.   

If any part of this Limitation of Liability is found unenforceable, the remaining sections shall continue in full force and effect.  

Acknowledgment and Assumption of Risk  

By using PropFusion, you expressly:

1. Acknowledge and accept all risks associated with reliance on reserve study data, financial models, and third-party services.  
2. Waive any right to hold PropFusion liable for financial losses, regulatory non-compliance, or investment decisions based on platform data.  
3. Agree to the maximum liability cap of your last 12 months’ subscription fees as your sole remedy for any claims against PropFusion.  

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Your continued use of PropFusion constitutes your acceptance of these limitations.   

24. INDEMNIFICATION 

General Indemnification Obligation   

You agree to defend, indemnify, and hold harmless PropFusion LLC, including its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liability, demand, settlement, cost, expense, or proceeding (including reasonable attorneys' fees and legal costs) arising out of or related to:

1. Your Use of the Services – Any actions taken, decisions made, or reliance upon data, reports, financial projections, or other information provided by the platform.  
2. Breach of Terms – Your violation of these Legal Terms, including misuse of the platform, fraudulent transactions, or failure to comply with payment obligations.
3. Regulatory Non-Compliance – Any claims arising from your failure to adhere to federal, state, or local regulations regarding reserve studies, financial management, or HOA governance.  
4. Third-Party Claims – Any disputes, lawsuits, or claims made against PropFusion by a third party due to your actions, including disputes between HOAs, Association Managers, and Reserve Study Providers.  
5. Intellectual Property Violations –Any claims that content you upload (including reserve studies, financial reports, or proprietary data) infringes upon a third party’s copyrights, trademarks, or trade secrets.  
6. Unauthorized Financial Transactions –Any chargebacks, fraudulent transactions, or unauthorized payments made using the platform.  
7. Misuse of the Platform – Any prohibited activities, including attempts to scrape data, reverse-engineer software, or misuse integrations with third-party financial tools.

You agree that PropFusion reserves the right to assume the exclusive defense of any matter subject to indemnification and that you will cooperate fully in the defense of any such claims.

Indemnification for Educational Content  

Users acknowledge that PropFusion Academy, industry articles, blogposts, financial modeling tutorials, and video content (collectively, "Educational Content") are provided for informational purposes only and do not constitute professional financial, legal, tax, or investment advice.

By accessing, reading, or acting upon any Educational Content, you agree to indemnify, defend, and hold harmless PropFusion and its Indemnified Parties from any claims, losses, or liabilities, including but not limited to:

• Errors, inaccuracies, or outdated information in reserve study methodologies, financial modeling, or regulatory guidance.  
• Regulatory non-compliance penalties arising from reliance on general educational materials rather than certified professional advice.
• Financial losses, investment damages, or litigation resulting from business decisions made based on Educational Content.  
• Misinterpretation or misuse of guidance on funding plans, reserve fund calculations, or HOA financial strategies.  
• Liability claims from third parties alleging negligence, incorrect financial planning, or misrepresentation based on Educational Content.

Users acknowledge and agree that:

• PropFusion does not warrant the accuracy or completeness of Educational Content.  
• Financial and legal decisions require independent professional consultation.  
• PropFusion assumes no responsibility for user reliance on Educational Content.  

Under no circumstances shall PropFusion be held liable for consequential, indirect, special, or punitive damages arising from the use of Educational Content.

Indemnification for Reserve Study Providers  

If you are a Reserve Study Provider, you agree to indemnify, defend, and hold harmless PropFusion from any claims, losses, or damages, including but not limited to:

1. Accuracy and Compliance of Reserve Studies – You bear full responsibility for the accuracy, reliability, and regulatory compliance of any reserve study, report, or financial model uploaded to the platform.  
2. Client Disputes and Contractual Issues – Any claims by an HOA, Association Manager, or third party regarding your services, recommendations, or contractual obligations.  
3. Legal Liability for Financial Advice– Any claim that financial projections, funding recommendations, or reserve study calculations were misleading, inaccurate, or improperly applied.  
4. Intellectual Property Rights – Any copyright or trademark disputes related to reserve study reports, proprietary methodologies, or financial models.  
5. Professional Liability Insurance –You acknowledge that you are required to maintain professional liability insurance (minimum $500,000 per occurrence) and that PropFusion is not responsible for any errors or omissions in your services.

Indemnification for HOAs and Association Managers

HOAs and Association Managers who engage a Reserve Study Provider agree to hold PropFusion harmless from:

• Any financial losses, legal claims, or disputes arising from reliance on a reserve study.
• Any non-compliance with state-mandated reserve study requirements.
• Any errors, omissions, or misleading projections in a reserve study.
• Any fiduciary breaches resulting from an HOA’s use of a reserve study.

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Reserve Study Provider Liability

• Reserve Study Providers are solely responsible for the accuracy, compliance, and completeness of their reserve studies.
• HOAs must confirm that a reserve study meets state regulations before reliance.

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Indemnification for Third-Party Services and Transactions

PropFusion integrates with third-party service providers (e.g., payment processors, financial tools, maintenance platforms). You acknowledge that PropFusion is not liable for any losses or damages arising from your interactions with third-party services, including but not limited to:

• Transaction errors, failed payments, or unauthorized charges processed through third-party payment providers.  
• Misuse of third-party financial integrations (e.g., funding tools, investment analytics, bank transfers).  
• Third-party security breaches, data leaks, or financial fraud affecting external payment platforms.

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Users agree to hold PropFusion harmless from any disputes, losses, or liabilities related to third-party service interactions.

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Indemnification Process   

If any claim arises that is subject to indemnification under this section, the following process applies:

1. Notice – PropFusion will promptly notify you of any claim requiring indemnification.  
2. Defense – You must assume the defense at your sole expense, using legal counsel approved by PropFusion.  
3. Cooperation – You agree to fully cooperate in defending the claim.  
4. SettlementApproval – You may not settle any claim that imposes liability on PropFusion without prior written consent.

If you fail to defend the claim, PropFusion may assume the defense at your expense, including reasonable attorneys' fees.

Survivalof Indemnification Obligations  

The indemnification obligations in this section survive termination of your account and continue for a period of three (3) years following the last use of the Services.

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25. USER DATA

Data Storage and Responsibility 

PropFusion will maintain certain data that you transmit to the Services for the purpose of managing service performance, analytics, and improving user experience. While regular routine backups are performed, users are solely responsible for any data they transmit, upload, or rely upon in connection with the Services.

Users acknowledge that PropFusion is not liable for any data loss, corruption, or inaccessibility, and they waive any right of action against PropFusion for such occurrences. Users should retain independent backups of critical information as a precaution.

Data Protection & Compliance 

Users acknowledge that by using PropFusion, their data may be processed and stored in the United States. PropFusion complies with applicable data protection laws, including the California Consumer Privacy Act (CCPA), where applicable. Users have the right to request data deletion or access under these laws.

PropFusion applies industry-standard security measures to protect user data from unauthorized access. Users can request data access, modifications, or deletion by contacting office@propfusion.com. Data deletion requests will be processed in accordance with regulatory requirements and internal retention policies.

Data Deletion and Retention

Users have the right to request the deletion of their personal data in compliance with applicable U.S. data protection laws (e.g., CCPA and equivalent regulations). PropFusion will process deletion requests within 30 days, except where retention is legally required for compliance, fraud prevention, or security purposes.

Users acknowledge that:

• Deleted data may persist in encrypted backups for up to 90 days, after which it will be permanently removed unless further retention is required by law.
• Once deleted, data cannot be recovered, and PropFusion assumes no liability for historical records that users failed to store independently.

Data Security and Breach Notification

PropFusion implements industry-standard security measures (e.g., encryption, security audits, and restricted access controls) to protect user data from unauthorized access or misuse. 

In the event of a data breach affecting user financial information, PropFusion will comply with applicable U.S. state data breach notification laws, including timely notice to affected users as required by law. 

Users acknowledge that while security measures are in place, no system is entirely immune to breaches, and PropFusion is not liable for losses resulting from cyberattacks, hacking incidents, or unauthorized access to third-party integrations. Users are responsible for securing their own accounts, including using strong passwords and monitoring suspicious activity. 

Confidentiality

Each party acknowledges that, in the course of using the Services, they may receive confidential or proprietary information of the other party, including but not limited to:

• Business strategies
• Financial data
• Customer lists
• Reserve study data
• Software architecture

Protection of Confidential Information

Both parties agree to protect Confidential Information from unauthorized use, access, or disclosure in the same manner as they protect their own sensitive data, but in no event with less than reasonable care.

Permitted Disclosures

Confidential Information may only be disclosed:

1. To employees, contractors, or agents who require access for service-related purposes and are bound by confidentiality obligations.
2. As required by law, regulation, or legal process, provided the disclosing party is given notice (where legally permissible) and an opportunity to seek protective measures.
3. With written consent from the disclosing party.

Exclusions

Confidential Information does not include:

• Publicly available information not caused by a breach.
• Independently developed data that does not reference Confidential Information.
• Information lawfully obtained from a third party without an obligation of confidentiality.

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Survival

Confidentiality obligations survive termination of this agreement for a period of three (3) years. 

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26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

27. STATE-SPECIFIC NOTICES

PropFusion complies with applicable state consumer protection laws. Users in California, New York, and other applicable jurisdictions may have additional rights regarding refunds, cancellations, and data privacy understate law.

California Residents: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

New York Residents: Automatic renewal terms comply with New York General Business Law Section 527-a.  

Florida Residents: The provisions herein are consistent with the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).  

Texas Residents: We adhere to the Texas Business and Commerce Code for online contracts.

28. RESERVE STUDY PROVIDERS

The PropFusion Services allow Reserve Study Providers(RSPs) to create, submit, and distribute reserve studies. PropFusion does not perform reserve studies and does not guarantee the accuracy, compliance, or legal sufficiency of any study submitted through the Services.

Reserve Study Providers using the Services may hold professional credentials such as the CAI Reserve Specialist (RS) designation, an engineering degree, or other qualifications relevant to the reserve study industry. However, PropFusion does not certify, accredit, or assume responsibility for the qualifications or regulatory compliance of any Reserve Study Provider.

Homeowners Associations (HOAs) are solely responsible for assessing whether a given Reserve Study Provider—and the study they submit—meets the legal, regulatory, and fiduciary requirements applicable in their jurisdiction. Before accepting a reserve study from any provider who has not submitted credentials for verification, HOAs must explicitly acknowledge that it is their responsibility to determine the provider’s qualifications and the study’s compliance with applicable standards and laws.

All reserve studies submitted through the Services must include a disclaimer clarifying that PropFusion does not guarantee the legal sufficiency, regulatory compliance, or professional accuracy of the study. The reliability of any reserve study depends on the expertise and qualifications of the preparer, which must be independently verified by the HOA.

Service Scope

Reserve Providers may create proposals, submit bids, and deliver reserve studies through the Services. PropFusion is a technology platform and intermediary and is not responsible for verifying, auditing, or ensuring the accuracy, legal compliance, or financial validity of any reserve study created or uploaded by Reserve Study Providers. Users acknowledge that they are solely responsible for evaluating the credentials, accuracy, and compliance of any reserve study before making financial or maintenance decisions.

Ownership of Work

Reserve Study Providers and Clients (HOAs or Association Managers) may agree on ownership of the final reserve study reports based on their contract terms. The ownership structure may follow one of the two models below:

1. Client ownership: If agreed, the HOA or Association Manager ("Client") owns the final reserve study report. Clients have the right to use, distribute, and retain full access to these reports. Reserve Study Providers retain ownership of original templates, methodologies, and proprietary models but may not reuse or resell the final report without the Client’s written consent.
2. Provider ownership and license to Client: Alternatively, Reserve Study Providers may retain ownership of the final report while granting the Client a perpetual, non-exclusive, royalty-free license to use the report for internal purposes. The Client may not modify, distribute, or resell the report without the Provider’s written permission.

When uploading reports, Reserve Study Providers should include metadata attribution, such as:

• The name of the original author.
• The date of creation.
• A disclaimer if the report has been modified from its original form.

Regardless of the ownership structure, PropFusion holds a limited, irrevocable license to store and display the completed reports solely for service functionality, and archival purposes, and to enable continued access by authorized parties (e.g., the HOA Board and designated Association Managers).

Payment and Fees

Providers agree to the Service’s fee structure for completed transactions. Payments are processed through third-party providers, and disputes must be raised within 15 days.

Professional Conduct

Requirements

Reserve Study Providers must:

• Maintain a valid professional liability insurance policy covering errors and omissions, with a minimum coverage amount of $500,000 per occurrence.
• Provide proof of insurance upon reasonable notice, if requested by PropFusion.
• Ensure that all submitted reserve studies comply with applicable state laws, industry regulations, and professional standards, including but not limited to any reserve study licensure requirements and CAI guidelines.

Acknowledgments

By using the Services, Reserve Study Providers acknowledge that:

• They are independent contractors and not employees, agents, orrepresentatives of PropFusion.
• PropFusion does not verify their qualifications, audit theirwork, or guarantee legal or regulatory compliance.
• They are fully responsible and liable for the quality, accuracy, and compliance of their reserve studies.
• HOAs and Association Managers are solely responsible for verifying a provider’s qualifications and determining whether a reserve study meets applicable legal and fiduciary obligations.
• PropFusion expressly disclaims liability for non-compliant or inaccurate reserve studies.

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Indemnification for Reserve Study Providers

Reserve Study Providers bear full responsibility for the accuracy, compliance, and legal validity of their reports. PropFusion is not liable for financial losses, property damages, or regulatory violations resulting from reliance on reserve studies uploaded by third-party providers. 

Reserve Study Providers agree to defend, indemnify, and hold PropFusion harmless from and against any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from:

• The accuracy, completeness, or compliance of reserve studies submitted to the Services.
• Misrepresentation of qualifications or certifications.
• Disputes with clients regarding the scope, quality, or reliability of submitted reserve studies.
• Intellectual property infringement claims related to uploaded reports or proprietary methodologies.

Providers certify that:

• All reserve studies uploaded are accurate, compliant with industry standards, and free from fraudulent data. Users found to have submitted misleading or fraudulent reserve studies may be banned from the Services and reported to authorities.
• They bear full legal responsibility for the financial projections or recommendations contained in their reports.
• PropFusion is not responsible for legal disputes or claims arising from the use of these studies by HOAs, Association Managers, or other end-users.
• PropFusion reserves the right to assume the exclusive defense of any indemnified claim at its own expense, in which case Providers agree to cooperate with such defense.

Responsibility of HOAs and Association Managers 

HOAs and Association Managers acknowledge that they assume full responsibility for verifying the credentials, qualifications, and industry compliance of any Reserve Study Provider before engaging their services or relying on their reports. PropFusion does not conduct background checks, licensing verification, or audits of Reserve Study Providers.

Before making financial or maintenance decisions, HOAs and AssociationManagers are solely responsible for:

• Confirming credentials: Ensuring that Reserve Study Providers meet applicable industry standards, such as certification by the Community AssociationsInstitute (CAI) or equivalent qualifications (e.g., engineering degree, state-specific reserve study licensing).
• Assessing report accuracy: Independently reviewing and validating reserve studies for accuracy, completeness, and legal compliance.
• Regulatory compliance: Ensuring that any reserve study commissioned, uploaded, or relied upon adheres to local, state, or federal HOA reserve study regulations.

Users acknowledge that they are solely responsible for ensuring compliance with all applicable federal, state, and local laws regarding HOA reserve fund management, financial reporting, and investment regulations. PropFusion does not guarantee compliance with any HOA-specific, financial, or industry regulations.

HOAs and Association Managers acknowledge that their contractual relationship is directly with the Reserve Study Provider, and PropFusion solely facilitates the introduction, proposal exchange, and payment process. PropFusion does not provide, endorse, or validate the final deliverables.

By using the Services, HOAs, and Association Managers acknowledge that they assume all associated risks and liabilities when relying on reserve study data. PropFusion disclaims any responsibility for errors, omissions, or financial consequences resulting from third-party reports.

Dispute Resolution Between Clients and Reserve Study Providers 

PropFusion does not mediate disputes between users and Reserve Study Providers. If a Client (HOA or Association Manager) is dissatisfied with a Reserve Study Provider’s services, they must resolve disputes directly with the provider. However, if PropFusion receives complaints regarding a provider’s conduct, PropFusion reserves the right to remove or suspend the provider from the Services at its sole discretion.

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29. MISCELLANEOUS

The presence of Reserve Study Providers (RSPs) on the Platform does not constitute an endorsement, approval, or verification by PropFusion.

• PropFusion is a technology platform only and does not validate or audit reserve study content.
• HOAs acknowledge that hiring a Reserve Study Provider carrieslegal and financial risks that must be independently evaluated.
• PropFusion disclaims liability for financial decisions, regulatory non-compliance, or fiduciary breaches resulting from reliance on a reserve study.
• HOAs acknowledge their duty to conduct due diligence before engaging any Reserve Study Provider.

These Legal Terms and any policies or operating rules posted by us on the Services or with respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms. 

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30. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

PropFusion LLC

1111B S Governors Ave STE 23267

Dover, DE 19904

United States

Phone: +1 (302) 251 2251

office@propfusion.com