By signing this agreement, you are agreeing to the terms of the terms and conditions of this and all other PineappleHOA, Inc. (“PineappleHOA”) applications. PineappleHOA provides application/solutions (“Solutions” or “Solution”) as a general guide only and does not constitute any legal opinion or advice. The Solutions and documents offered via PineappleHOA are not a substitute for an attorney. To the extent your condominium/homeowners association (“HOA”) requires legal representation or assistance, you must engage with an attorney licensed to practice in the State of Illinois or the state of your HOA .
The goal is to provide users with a basic understanding of certain requirements under Illinois State law and certain federal laws and to prepare certain documents that association boards can review, revise, and consider with the help of their preferred legal counsel at their discretion.
Community association law is continually developing and thus, you should not assume entering the same details on a different occasion will result in the same report or provide the same set of documents as that which were previously prepared or created. The aim of this and all PineappleHOA Solutions is to get information about the law to those who need it – any and all legal questions should be sent directly to the association’s attorney.
PineappleHOA, LLC and its agents, officers, affiliates, members, shareholders, managers, and employees disclaim all liability for any reliance placed upon the info provided by any PineappleHOA Solution. Using this Solution, reliance on the documents prepared or created by the Solution, contacting PineappleHOA, or providing PineappleHOA with information and receiving same does not create an attorney/client relationship.
All documents in this and other PineappleHOA Solutions are the intellectual property of PineappleHOA and may be duplicated or disseminated to third parties via limited methods incidental to the function and purpose of the community association user. By accepting these terms and using the Solution(s), you acknowledge that the use of the information provided by PineappleHOA is for educational purposes only and does not constitute legal advice or establish any attorney-client privilege between PineappleHOA and the user.
The documents and materials created by this Solution or any PineappleHOA Solution are not reviewed by an attorney before providing them to you. You should contact your association attorney if you wish to obtain legal advice on resolutions, agreements, or other legal documents specific to your association.
The laws of the State of Illinois shall govern the enforceability, interpretation, and legal effect of these terms and conditions. Any litigation based on the enforceability, interpretation or legal effect of these terms and conditions shall be titled and prosecuted in Cook County, Illinois.
PineappleHOA is not a law firm and its website as well as technology-enabled self-help services and forms are not a substitute for the advice of an attorney. Communications between you and PineappleHOA are governed by our Privacy Policy but are not covered by the attorney-client or work product privileges. Any purchase from PineappleHOA is subject to and governed by our Terms & Conditions. Any limited attorney services are provided by independent attorneys contracted through Bartzen Rosenlund Kasten LLC and are subject to a separate attorney-client agreement (Attorney Agreement).
By clicking the “accept” button after reviewing this Agreement, you (i) accept this Agreement and agree to be bound by its terms, (ii) represent and warrant that you are 18 years of age or older and legally competent to agree to this Agreement, (iii) you are entering into a contract on behalf of your HOA, (iv) you are a duly authorized representative or agent of the HOA, located in the State of Illinois or within a state or jurisdiction in which PineappleHOA services are offered, and (v) your HOA’s board of directors has properly authorized you to enter into this contract and remit any and all payments to PineappleHOA for the provision of the services.
You understand that PineappleHOA is not a law firm nor does it offer legal services. As such, purchasing services does not create an attorney-client relationship between you and PineappleHOA.
NO government agency, including the county recorder, has evaluated or approved our knowledge or experience or the quality of our assistance and/or the services we provide.
You should also know that you may obtain information regarding HOA representation through a local bar association or legal aid foundation and that you may contact local law enforcement, a district attorney, or a legal aid foundation if you believe that you have been a victim of fraud, the unauthorized practice of law, or any other injury.
Purchase of PineappleHOA plans and services is limited. PineappleHOA provides an online software platform and access to Solutions to give you and your HOA representatives an understanding of the law and to provide an automated software solution so your HOA can prepare its own documents and gain access to certain legal information. As PineappleHOA is not permitted to practice law, we do not review your answers or documents for legal sufficiency or draw legal conclusions or advice about your legal rights, defenses, remedies, selection of forms, strategies, or options. Our goal is to make HOA governance convenient and affordable without sacrificing the quality of the assistance our software and staff provide. That being said, you are not hiring a law firm. In certain circumstances related to certain plans, you may receive legal advice or services via a separate Attorney Agreement with the law firm of Bartzen Rosenlund Kasten LLC (“BRK”), and your legal fees will be paid directly to BRK.
Further, you should understand that the PineappleHOA platform is not built for use by individuals but rather by the authorized representatives of HOAs. If you need personal assistance with a conflict or issue with your HOA - relating to your own personal rights - you must get your own attorney.
The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. PineappleHOA makes every effort to be correct, but we cannot guarantee that it is always up-to-date. Therefore, if you need legal advice or if a specific problem is too complex to be addressed by our tools, please consult a lawyer.
Although PineappleHOA users may access lawyer services including the ability to purchase limited-scope legal services via BRK, at no time is an attorney-client relationship created with PineappleHOA.
With respect to PineappleHOA Services, you have the right to rescind this contract within 24 hours of purchase. If you wish to cancel, please email support@pineapplehoa.com within 24 hours of purchase, and may consider (in PineappleHOA’s sole discretion) refunding your payment. In the event that we refund your payment, partially or in full, credit card processing fees are non-refundable. If you have not yet paid the fee in full, installment payments will continue until the entire fee has been satisfied. If you are paying in installments, you will be charged a convenience fee. PineappleHOA reserves the right to terminate any agreement at any time and may, in its sole discretion, issue a refund for a portion of any fees paid.
You agree that the Services may be made available in free or paid versions at different levels and that not all features and functionality of the Services may be available in each version or level, which may be changed from time to time. You agree that you will use the Services in compliance with all applicable local, state, and federal rules and regulations. You shall not and shall not authorize any third party to use the Services for any fraudulent or inappropriate purpose; resell, duplicate, make derivative works of, reproduce, or exploit any part of the Services without the express written permission of PineappleHOA, or use any robot, spider, another automated device, or manual process to monitor or copy any content from the Services.
All intellectual property rights, title, and interest in and to the Services and all materials in the Services are owned exclusively by PineappleHOA. PineappleHOA reserves all rights not expressly granted to you under this Agreement.
The materials provided are informational only and do not provide content tailored to your specific matter. The information presented is not legal advice, is not to be acted on as such, and is subject to change without notice. PineappleHOA shall make every reasonable attempt to keep the information available up to date with all legal developments, and the information contained in the materials is deemed reliable but not guaranteed.
THE SERVICES ARE PROVIDED “AS IS.” PINEAPPLEHOA HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES. PINEAPPLEHOA IS NOT RESPONSIBLE FOR THE OPERATION OF THE INTERNET, ANY HARDWARE, SOFTWARE, OR OTHER CONTENT PROVIDED BY THIRD PARTIES, DAMAGES THAT RESULT FROM DOWNLOADING ANY MATERIALS THROUGH THE SERVICES, OR THE FAILURE OF ANY NETWORKS USED IN CONNECTION WITH THE SERVICES.
IN NO EVENT WILL PINEAPPLEHOA BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOSS OF DATA OR LOSS PROFITS ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES. THE AGGREGATE LIABILITY OF PINEAPPLEHOA WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, TO THE FEES COLLECTED BY PINEAPPLEHOA FROM YOU PURSUANT TO THIS AGREEMENT IN THE SIX MONTHS PRECEDING THE APPLICABLE CLAIM. THE LIMITATIONS APPLY REGARDLESS OF THE FAILURE OF ANY OTHER REMEDY.
YOU AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY PINEAPPLEHOA AND ITS AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES (THE “INDEMNITEES”) FROM AND AGAINST ANY THIRD PARTY CLAIM, SUIT, DEMAND, AND ANY DAMAGES, LOSSES, OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO (I) YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, OR (II) YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. PINEAPPLEHOA WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT, OR ACTION THAT IS SUBJECT TO INDEMNIFICATION UNDER THIS AGREEMENT.
Most customer concerns can be resolved quickly and to your satisfaction by contacting us at support@pineapplehoa.com. Any dispute arising between you and us relating to any aspect of Services shall be resolved first by negotiation; if negotiation is not successful, we agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. You and we agree that if we do engage in arbitration or any other legal proceeding to resolve our conflict, whichever of us prevails in that proceeding will collect from the other the reasonable lawyer’s fees and costs incurred by the prevailing party in connection with such proceeding. Any legal proceeding of any kind concerning Services, whether in court or in arbitration, shall be brought in Cook County, Illinois. This Agreement is for the sole benefit of the parties to this Agreement and may not be assigned by you without the prior written consent of PineappleHOA. Your payment obligations will survive the termination of this Agreement.
PineappleHOA may modify this Agreement at any time in its sole discretion. Such changes, modifications, additions, or deletions shall be effective immediately upon notice to you, which may be given by email, posting on this website, or other electronic notice or conventional mail.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. The failure of PineappleHOA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between you and PineappleHOA and governs your use of the Services, superseding any prior agreements between you and PineappleHOA (including, but not limited to, any prior versions of this Agreement). If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact PineappleHOA. PineappleHOA services may be subject to additional posted guidelines, rules, or terms of service (below), and your use of such service is conditioned on your acceptance of these additional terms. Please print or save the applicable terms and conditions for your records.
If, at any point during your process, we determine for any reason that we cannot continue to offer your plan, whether that determination is specific to you and your plan or a global determination about the materials being offered to multiple plan holders, we may terminate your plan. In the event of termination, we will notify you in writing of our decision to terminate the package; we will also provide a refund of any fee paid for a period of time in which you did not receive access to package materials or a pro-rata refund based upon the Services you received. If we determine that the entirety of the package fee has been earned and that no refund is due, we shall notify you of this determination and the basis therefore in writing. Any determination of refund and payment thereof shall be made to you within 30 days of the effective date of termination.
You understand that you are responsible for reading and approving the final forms, letters, and documents before signing and/or sending them and agree to be solely responsible for the contents therein. Pursuant to the Terms & Conditions above, PineappleHOA cannot and will not provide legal advice of any kind.