Terms & Conditions

Effective Date: February 3, 2025

These "ARV and Cash to Close Estimator" Terms and Conditions of Use (“Terms”) set forth a legally binding agreement between you and Kiavi Funding, Inc.; Kiavi Funding WY, Inc. (“Kiavi”, “we”, “our”, or “us”) and govern your use of our ARV and Cash to Close Estimator (“Estimate Tool”). The Estimate Tool is also subject to the Kiavi Terms of Use, available at www.kiavi.com/legal/terms (“Terms of Use,” which are incorporated in this reference). In the event of a conflict between these Terms and the Terms of Use, these Estimate Terms shall control as to the Estimate Tool.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING KIAVI’S LIABILITY (SECTION 5) AND REQUIRING YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS (SECTION 6).

We may update these Terms from time to time, in which case we will post the modified Terms on this page and change the Effective Date. Please check these Terms each time you use the Estimate Tool. Your use of the Estimate Tool following a change to these Terms signals your acceptance of the modification(s). 

By clicking “Get Estimate,” you acknowledge and agree to all terms and conditions contained in these Terms and you consent to the collection, use, and sharing of your information as described in our Privacy Policy. If you do not agree to these Terms, please do not use the Estimate Tool.

ESTIMATE TOOL DISCLAIMERS

The Estimate Tool provides you an estimate on the value of a property post-repair, the estimated down payment, and comparable valuations. The Estimate Tool, including any accessible tools and features, is not an application for a loan, a pre-qualification for a loan, or a commitment to lend to you. 

The information and content provided on or accessed through the Estimate Tool are intended for general, informational purposes only, and do not guarantee that you will receive any loan offers or loan approvals, conditional or otherwise. The terms of any loan that we may offer you are contingent on a separate evaluation of your creditworthiness and several loan qualification factors, including your credit history, income, debt-to-income ratio, information you provide when applying for a loan, and the term of the loan. Before you can obtain a loan, we must approve your application and you must enter into a loan agreement with us.

At no time are we providing or should you interpret us as providing legal, financial, insurance, investment, tax or estate planning, or other advice.

Kiavi reserves the right to modify or discontinue the Estimate Tool and any of its products or benefits at any time without notice.

USE OF THE ESTIMATE TOOL

• Content. The Estimate Tool may contain (i) materials and other items relating to Kiavi and its services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Estimate Tool; (ii) Kiavi’s logos, service marks, trademarks, trade names, trade dress, and trade identities; (iii) the software, hardware, and other technology used to operate the Estimate Tool; and (iv) other forms of intellectual property (all of the foregoing, collectively “Kiavi Content”). 
• Limited License. Subject to your strict compliance with these Terms, Kiavi grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use the Estimate Tool. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Estimate Tool or any Kiavi Content; and (ii) may be immediately suspended or terminated for any reason, in Kiavi’s sole discretion, and without advance notice or liability. Your unauthorized use of the Estimate Tool or Kiavi Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
• Intellectual Property. The Estimate Tool, the Kiavi Content, and all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property Rights”) therein, are owned or controlled by Kiavi, our licensors, and certain other third parties. You acknowledge that no title to the Intellectual Property Rights in the Estimate Tool or Kiavi Content shall be transferred to you as a result of your acceptance of these Terms. You further acknowledge that title and full ownership rights to the Estimate Tool and Kiavi Content will remain the exclusive property of Kiavi, its licensors, or other third parties and you shall not acquire any rights to the Estimate Tool or the Kiavi Content, except as expressly set forth in these Terms. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Estimate Tool.
• Restrictions. If you use the Estimate Tool, you represent you are at least the age of majority in your jurisdiction. You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Estimate Tool. You further agree that you will not (i) use the Estimate Tool for any political activity; (ii) engage in any activity in connection with the Estimate Tool that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Kiavi; (iii) harvest any information from the Estimate Tool; (iv) infringe any intellectual property or other right of Kiavi or any third party; (v) reverse engineer, disassemble, decompile, decode, creative derivative works of, or otherwise attempt to derive or gain access to the source code of the Estimate Tool; (vi) interfere with the proper operation of the Estimate Tool or its security features; (vii) use the Estimate Tool in a manner that suggests an unauthorized association with Kiavi or any other party, or is beyond the scope of the limited license granted to you; (viii) interfere or attempt to interfere with the Estimate Tool, including, without limitation, by means of submitting a virus through, overloading, flooding, or crashing the Estimate Tool; or (ix) otherwise violate these Terms. Without limiting the foregoing, you are expressly prohibited from using bots, spiders, scripts, intelligent agent software, or any manual or automatic technology, device, tool, or process designed to data mine or scrape any Kiavi Content, without Kiavi’s prior written consent.
• Reservation of Rights. All rights not expressly granted to you are reserved by Kiavi and its licensors. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Estimate Tool or Kiavi Content for any purpose is prohibited.

RELIANCE ON CONTENT AND CONTENT ACCURACY

Kiavi assumes no responsibility regarding the accuracy, currency, or usefulness of the information presented or provided by the Estimate Tool. Any reliance you place on such information is strictly at your own risk. Kiavi disclaims all liability and responsibility arising from any reliance placed on the Estimate Tool.

Kiavi will use reasonable efforts to include accurate and current information via the Estimate Tool, but there may be occasions when the Estimate Tool contains errors, inaccuracies, or omissions that may relate to pricing, availability, and other matters. Kiavi reserves the right to correct any errors and to update the Estimate Tool information at any time. 

WARRANTY DISCLAIMER

YOUR USE OF THE ESTIMATE TOOL IS AT YOUR SOLE RISK. THE ESTIMATE TOOL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KIAVI EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THE ESTIMATE TOOL (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATIONS ON LIABILITY AND REMEDIES

KIAVI’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH KIAVI (INCLUDING WITHOUT LIMITATION YOUR USE OF THE ESTIMATE TOOL OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE ESTIMATE TOOL. KIAVI, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE ESTIMATE TOOL, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ESTIMATE TOOL. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF KIAVI HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KIAVI’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. KIAVI DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE ESTIMATE TOOL AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, KIAVI’S MAXIMUM LIABILITY SHALL NOT EXCEED $100 USD.

DISPUTE RESOLUTION; CLASS ACTION WAIVER

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND KIAVI (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE ESTIMATE TOOL.

• Informal Dispute Resolution. In the unlikely event that a disagreement arises between you and Kiavi, we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and Kiavi each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (i) a written description of the problem and relevant documents and supporting information; (ii) a statement of the specific relief sought; and (iii) your full name, address, phone number, and email address. A Notice of Dispute can be emailed to Support@Kiavi.com. You and Kiavi agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a forty-five (45)-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Kiavi may commence a lawsuit.
• No Class Actions. To the fullest extent permitted by applicable law, you and Kiavi agree that any and all disputes (whether based in contract, statute, tort, or any other theory) will be resolved individually, without resort to any form of class action, collective action, or representative action. All claims must be brought solely in a party’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, consolidated action, representative action or proceeding. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.
• Commencement of Action. You agree to bring any and all claims against Kiavi relating to the Estimate Tool within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
• Waiver of Jury Trial. Each party hereby knowingly, voluntarily, and intentionally waives, to the fullest extent permitted by law, any and all rights they may have (including but not limited to, their constitutional or statutory right) to a trial by jury in any legal proceeding for any dispute, including but not limited to disputes arising out of or relating to these Terms or the relationship of the parties.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Kiavi from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Estimate Tool; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property, publicity, confidentiality, property, or privacy right; or (v) any misrepresentation made by you. Kiavi reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Kiavi’s defense of any claim. You will not in any event settle any claim without the prior written consent of Kiavi.

THIRD-PARTY SITES AND OTHER INFORMATION 

The Estimate Tool may contain, as a convenience to you, content, links, and other information controlled by third parties. Kiavi has no obligation to monitor or control third-party websites or services linked from the Estimate Tool. These other websites or services are not under Kiavi’s control. The inclusion of such a link does not imply endorsement of any website or service by Kiavi or any association with its operators.

AVAILABILITY; TERMINATION OF TOOL: The Estimate Tool may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Kiavi, access to the Estimate Tool may be interrupted or suspended from time to time. Kiavi shall have the right at any time to change or discontinue any aspect or feature of the Estimate Tool.

Kiavi may immediately suspend or terminate the availability of the Estimate Tool, in whole or in part, to any individual user or all users, for any reason, in Kiavi’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Estimate Tool, or upon notice from Kiavi, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Estimate Tool. 

GENERAL PROVISIONS

• Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. Kiavi may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Kiavi.
• Complete Agreement; No Waiver. These Terms, together with our website Terms of Use, reflect our complete agreement regarding the Estimate Tool and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Estimate Tool. To the extent there exists any conflict between these Estimate Tool Terms and any other agreement between you and us (including the Terms of Use) these Estimate Tool Terms shall control as to the Estimate Tool. Except as expressly set forth in these Estimate Tool Terms, (i) no failure or delay by Kiavi in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any provision of these Terms will be effective unless in writing and signed by Kiavi.
• Investigations; Cooperation with Law Enforcement. Kiavi reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Kiavi may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
• Governing Law; Venue. These Terms, your rights and the rights of Kiavi within these Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to choice of law principles. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in San Francisco County, California, and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
• Electronic Communications. We may communicate with you electronically in regard to the Estimate Tool, including by email, and we may collect information related to communications between you and us and/or the Estimate Tool. You acknowledge and agree that we may use service providers acting on our behalf to carry out our electronic collection of information and communications. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Estimate Tool your action is intended as an electronic signature which binds you as if you had signed on paper. 

Contact Information

If you have any questions regarding these Terms or the Estimate Tool, you may contact us by email at Support@Kiavi.com.