These Terms and Conditions (the “Terms”) govern your access to and use of the Kiwi Homes LLC website, including kiwi-homes.com, its forms, and related communications (collectively, the “Services”). “Kiwi Homes,” “we,” “us,” and “our” mean Kiwi Homes LLC, an Ohio limited liability company.

By using the Services, submitting information, or agreeing to receive communications from us, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Services. You must be at least 18 years old and legally able to enter into a contract to use the Services.

 

1. Our Services

Kiwi Homes is a real estate investment company that evaluates properties for possible purchase. Unless we expressly state otherwise in writing, Kiwi Homes is acting as a potential buyer for its own account and not as your real estate broker, agent, attorney, appraiser, tax adviser, or financial adviser.

Website information, conversations, estimates, and preliminary price ranges are for general informational and evaluation purposes only. They are not an appraisal, guaranteed offer, or promise to purchase a property. You should obtain independent legal, tax, financial, and real estate advice appropriate to your circumstances.

 

2. Property Inquiries and Offers

When you submit a property inquiry, you authorize us to review the information you provide and to contact you about the property. Any preliminary range or verbal discussion may change after we verify ownership, condition, occupancy, title, liens, access, repairs, market data, and other relevant facts.

Neither you nor Kiwi Homes is obligated to complete a transaction unless and until the parties sign a definitive written agreement. If a signed agreement conflicts with these Terms, the signed agreement controls for that transaction.

 

3. Information You Provide

You agree that information you submit is accurate to the best of your knowledge and that you have authority to provide it. If you submit information about a property or another person, you represent that you are authorized to do so. Do not submit Social Security numbers, bank credentials, full payment-card numbers, or other highly sensitive information through a website form or text message.

 

4. Calls and Text Messages

If you affirmatively opt in, Kiwi Homes may call or send text messages to the telephone number you provide regarding your property inquiry. Messages may include follow-up questions, property evaluation updates, scheduling, requested documents, offer discussions, closing or transaction updates, and other messages related to your request. Marketing or promotional texts will be sent only when you separately consent where required.

• Program name: Kiwi Homes Seller Inquiry Updates.
• Message frequency: Message frequency varies based on your inquiry and interaction with us.
• Rates: Message and data rates may apply.
• Opt out: Reply STOP to cancel text messages. You may also use END, CANCEL, UNSUBSCRIBE, or QUIT.
• Help: Reply HELP, call (330) 548-3387, or email kyle@kiwiresidential.com.
• Consent: Consent to receive automated calls or text messages is not a condition of receiving an offer or purchasing any service.

Carriers are not liable for delayed or undelivered messages. Delivery depends on your wireless carrier and network availability. After you opt out, we may send one confirmation message. You may opt in again through a new affirmative request. For information about how we use mobile data and consent records, see our Privacy Policy.

 

5. Email Communications

If you request information or otherwise provide your email address, we may email you about your inquiry and related services. You can opt out of promotional emails by using the unsubscribe link in the message or contacting us. We may still send non-promotional messages that you request or that relate to an active transaction, as permitted by law.

 

6. Acceptable Use

You may not misuse the Services, interfere with their operation, attempt unauthorized access, submit false or unlawful content, impersonate another person, introduce malicious code, scrape or copy the Services through automated means without permission, or use the Services to violate any law or another person’s rights.

 

7. Intellectual Property

The Services and their original content, branding, graphics, design, and software are owned by or licensed to Kiwi Homes and are protected by applicable intellectual-property laws. We grant you a limited, revocable, nonexclusive right to use the Services for your personal, lawful purposes. No other rights are granted.

 

8. Third-Party Services and Links

The Services may link to or use third-party providers, such as mapping, analytics, communications, title, inspection, or closing services. We do not control third-party websites or their separate practices and are not responsible for their content, availability, or policies.

 

9. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, express or implied. We do not warrant that the Services will be uninterrupted, error-free, secure, or that any property will qualify for an offer or sale.

 

10. Limitation of Liability

To the fullest extent permitted by law, Kiwi Homes and its members, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, opportunities, or business, arising from or related to the Services. Nothing in these Terms excludes liability that cannot lawfully be excluded.

 

11. Indemnification

You agree to defend, indemnify, and hold harmless Kiwi Homes and its members, employees, contractors, and agents from claims, damages, liabilities, and reasonable costs arising from your unlawful misuse of the Services, your material violation of these Terms, or content you submit, except to the extent prohibited by law.

 

12. Suspension or Termination

We may suspend or terminate access to the Services when reasonably necessary to protect the Services, users, Kiwi Homes, or others; to address suspected fraud or unlawful activity; or to enforce these Terms.

 

13. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles. Subject to applicable law and any signed transaction agreement, disputes relating to these Terms or the Services will be brought in the state or federal courts serving Summit County, Ohio.

 

14. Changes to These Terms

We may update these Terms from time to time. We will post the updated version on this page and change the effective date. Your continued use of the Services after an update means you accept the revised Terms to the extent permitted by law.

 

15. General Terms

If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. These Terms and any applicable signed agreement constitute the entire agreement concerning their respective subject matter. You may not assign your rights under these Terms without our consent; we may assign ours in connection with a merger, acquisition, reorganization, or sale of assets.