Terms and Conditions

Effective Date: October 3, 2026
Last Updated: October 3, 2026

These Terms and Conditions (“Terms”) govern your access to and use of hawaiifirehousebuyer.com (the “Website”) and services offered through the Website by Hawaii Fire House Buyer (“Hawaii Fire House Buyer,” “we,” “us,” or “our”).

By accessing the Website, submitting property information, requesting a cash offer, or otherwise interacting with our services, you agree to these Terms and acknowledge our Privacy Policy.

1. Purpose of the Website

The Website allows homeowners, property owners, and authorized representatives to submit information concerning real estate they may wish to sell, including:

• Fire-damaged properties;
• Smoke-damaged properties;
• Water-damaged properties;
• Structurally damaged properties;
• Distressed properties;
• Vacant properties;
• Leasehold properties;
• Inherited properties;
• Probate properties;
• Properties facing foreclosure;
• Properties subject to liens;
• Properties with code violations;
• Properties requiring substantial repairs; and
• Other residential or investment properties.

Depending on a particular property and transaction, we may:

• Evaluate the property ourselves;
• Purchase or seek to purchase it;
• Facilitate a potential cash offer;
• Match the seller with a prospective cash buyer;
• Refer or route the opportunity to another investor;
• Connect the seller with another prospective purchaser;
• Enter into a purchase agreement;
• Acquire contractual rights;
• Assign contractual rights where legally and contractually permitted; or
• Determine that neither we nor another purchaser is interested.

Nothing displayed on the Website constitutes a binding offer to purchase real estate.

2. Our Role

Hawaii Fire House Buyer operates within the real estate investment, property-acquisition, lead-generation, marketing, referral, and cash-buyer marketplace.

Depending on a particular transaction, we may act as:

• A prospective principal purchaser;
• A real estate investor;
• A property-acquisition business;
• A marketing or lead-generation service;
• A service connecting property owners with prospective buyers;
• A purchaser holding contractual rights;
• An assignor of contractual rights where lawful;
• An affiliate or business partner of another purchaser; or
• A combination of these roles.

Our precise role depends on the actual transaction and applicable written agreements.

Unless separately established in writing, we do not act as your:

• Real estate broker;
• Seller’s real estate agent;
• Attorney;
• Accountant;
• Financial adviser;
• Tax adviser;
• Insurance adviser;
• Public adjuster;
• Contractor;
• Engineer;
• Appraiser;
• Fiduciary;
• Housing counselor;
• Mortgage broker;
• Mortgage-relief provider;
• Foreclosure consultant; or
• Other professional adviser.

3. Lead Generation Is Different From Brokerage

The Website expressly connects some property owners with independent local cash buyers.

A buyer introduction or property lead does not automatically create a real estate brokerage or agency relationship.

Hawaii regulates real estate brokerage activities performed for others for compensation or valuable consideration.

Where activity constitutes regulated brokerage, it must be conducted through appropriately licensed persons or entities.

Nothing on the Website authorizes unlicensed brokerage.

4. Hawaii Real Estate Licensing

Hawaii law broadly defines a real estate broker to include a person who, for compensation or valuable consideration and for others, among other things:

• Sells or offers to sell real estate;
• Buys or offers to buy real estate;
• Negotiates a purchase, sale, or exchange;
• Lists real estate;
• Solicits prospective purchasers;
• Leases or rents real estate; or
• Manages real estate.

Hawaii law also specifically addresses a person who obtains and resells an option on real estate without exercising the option as a means of evading licensing requirements.

Any transaction structure must therefore comply with applicable licensing law.

5. Owner and Principal-Purchaser Exemptions

Hawaii law provides specified exemptions from broker licensing for certain individuals dealing with real estate they own or handling transactions under specified authority.

Those exemptions do not permit a person to acquire an interest in real estate merely as a means of evading licensing requirements.

Accordingly, whether an investor or contract purchaser qualifies for an exemption depends on the actual facts.

6. No Separate Hawaii Wholesaler License Regime

As of the effective date of these Terms, Hawaii does not maintain a separate comprehensive residential-wholesaler registration statute comparable to specialized wholesaling laws enacted in certain other states.

That does not mean every assignment or wholesaling structure is automatically unregulated.

Applicable Hawaii:

• Real estate licensing law;
• Contract law;
• Consumer-protection law;
• Advertising law;
• Fraud law; and
• Other legal requirements

continue to apply.

7. Assignment of Contractual Rights

Holding an assignable purchase contract or other contractual interest is different from holding legal title to the underlying property.

A purchase agreement may be assigned only where:

• The governing agreement permits assignment;
• Applicable law permits it;
• Required consent or notice has been provided; and
• The transaction does not involve unlawful brokerage or misrepresentation.

A person holding only a contractual interest should not represent that the person owns legal title to the property.

8. No Obligation to Sell

Submitting information or requesting an offer does not obligate you to sell your property.

A Website inquiry is not a real estate purchase contract.

You may reject an offer unless and until you enter into a legally enforceable agreement providing otherwise.

9. No Obligation to Purchase

Submitting property information does not require Hawaii Fire House Buyer or any:

• Affiliate;
• Cash buyer;
• Investor;
• Contract purchaser;
• Acquisition partner;
• Property-acquisition business; or
• Other prospective purchaser

to:

• Evaluate the property;
• Make an offer;
• Maintain a previous offer;
• Continue negotiations;
• Purchase the property; or
• Complete a transaction.

10. Eligibility and Authority

By using the Website or submitting property information, you represent that:

• You are at least 18 years old;
• You possess legal capacity to enter contracts;
• Information you provide is materially accurate to the best of your knowledge;
• You own the property, hold an ownership interest, or are authorized to communicate concerning it; and
• Your use of the Website complies with applicable law.

Submission by one co-owner does not necessarily establish authority to bind all owners.

11. Property Research

When you submit a property, you authorize us and prospective purchasers evaluating the opportunity to research it through lawful sources.

Research may include:

• Property-tax records;
• Recording records;
• Land Court records;
• Deeds;
• Mortgages;
• Liens;
• Leasehold information;
• Association information;
• Court records;
• Probate records;
• Foreclosure information;
• Building permits;
• Zoning;
• Sales history;
• Comparable sales;
• Public hazard maps;
• Commercial property databases; and
• Other public or commercial sources.

12. Buyer Matching

We may connect you with an affiliated or independent:

• Cash buyer;
• Real estate investor;
• Contract purchaser;
• Property-acquisition company;
• Investment group;
• Redevelopment business;
• Contractor;
• Acquisition partner; or
• Other prospective purchaser.

Independent purchasers are responsible for their own:

• Statements;
• Representations;
• Offers;
• Valuations;
• Contracts;
• Due diligence;
• Financing;
• Licensing obligations;
• Privacy practices;
• Performance; and
• Legal compliance.

13. Preliminary Offers

Any preliminary:

• Cash offer;
• Estimated offer;
• Property valuation;
• Price range;
• Repair estimate; or
• Similar indication of value

is non-binding unless incorporated into an enforceable written agreement.

A preliminary offer may change following due diligence.

14. Illustrative Offer Formula

The Website may describe an offer formula substantially similar to:

Potential Offer = After-Repair Value – Repair Costs – Selling Costs – Investor Return

This is an illustrative methodology.

Actual assumptions may vary regarding:

• After-repair value;
• Repairs;
• Contractor costs;
• Holding expenses;
• Escrow costs;
• Insurance;
• Taxes;
• Utilities;
• Resale expenses;
• Brokerage commissions;
• Risk; and
• Investment return.

No particular offer amount is guaranteed.

15. Binding Transactions

A binding transaction arises only when the applicable parties execute legally enforceable written transaction documents.

Closing may depend on:

• Ownership verification;
• Authority to sell;
• Title review;
• Fee-simple or leasehold status;
• Property access;
• Due diligence;
• Liens;
• Mortgages;
• Taxes;
• Association matters;
• Seller-disclosure compliance;
• Escrow;
• Closing requirements;
• Recording; and
• Other contractual or legal conditions.

16. Hawaii Mandatory Seller Disclosure Law

Hawaii Revised Statutes Chapter 508D imposes mandatory seller-disclosure requirements on many transfers of residential real property.

Covered residential property generally includes:

• Property containing one to four dwelling units; and
• Residential condominium or cooperative units used primarily as residences.

Subject to statutory exemptions, a seller may not complete a covered residential sale without complying with the applicable disclosure requirements.

17. What Must Be Disclosed

For purposes of Chapter 508D, the seller’s disclosure statement is intended to fully and accurately disclose material facts concerning the residential property that:

• Are within the seller’s knowledge or control;
• Can be observed from visible, accessible areas; or
• Are otherwise specifically required by Hawaii law.

A “material fact” generally includes a past or present fact, defect, or condition that would be expected to measurably affect the property’s value to a reasonable person.

The disclosure is not a substitute for professional inspections.

18. Fire Damage Can Be a Material Fact

A prior fire, fire-related defect, or incomplete restoration may constitute a material fact when it measurably affects the property’s value.

Potentially relevant fire-related conditions may include:

• Structural damage;
• Smoke contamination;
• Water damage from firefighting;
• Mold;
• Electrical damage;
• Plumbing damage;
• HVAC damage;
• Roof damage;
• Foundation damage;
• Fire-alarm or smoke-detector issues;
• Hazardous materials;
• Environmental contamination;
• Code violations;
• Permitting issues;
• Prior repairs;
• Incomplete repairs; and
• Unpermitted alterations.

Where a condition constitutes a material fact within the seller’s disclosure obligations, it should be disclosed as required by Hawaii law.

19. As-Is Does Not Automatically Eliminate Fire Disclosure

The Website currently contains language suggesting that fire damage may be left undisclosed when property is sold to an as-is cash buyer.

These Terms expressly supersede that interpretation.

Selling property:

• For cash;
• To an investor;
• Without repairs;
• Without an inspection contingency; or
• “As-is”

does not automatically eliminate Hawaii’s Chapter 508D disclosure requirements.

An as-is clause also does not authorize fraud, intentional concealment, or material misrepresentation.

20. No Universal Fire-Document Package

The Website may recommend that sellers retain or provide:

• Fire-department reports;
• Photographs;
• Insurance records;
• Contractor invoices;
• Engineering reports;
• Inspection reports;
• Permit records;
• Repair records; or
• Remediation information.

Those records may be helpful in:

• Property evaluation;
• Completing disclosure statements;
• Insurance claims;
• Buyer due diligence;
• Repair verification; and
• Transaction negotiations.

However, Hawaii law does not impose one universal rule requiring every seller automatically to provide every historical fire, insurance, engineering, repair, and inspection document in every transaction.

Actual disclosure obligations depend on the material facts, statutory requirements, transaction documents, and circumstances.

21. Timing of the Disclosure Statement

For a covered transaction, Hawaii law generally requires the disclosure statement to be signed and dated by the seller within the statutory timeframe and delivered to the purchaser no later than ten calendar days after acceptance of the real estate purchase contract.

The buyer must acknowledge receipt.

The parties may agree in writing to adjust certain statutory timing periods where Hawaii law permits.

22. Fifteen-Day Buyer Review and Rescission Period

After receiving the disclosure statement, the buyer generally has 15 calendar days to:

• Examine the disclosure statement; and
• Decide whether to rescind the purchase contract.

If the buyer validly rescinds within the statutory period, deposits are generally returned as required by law.

Failure to provide timely written rescission generally constitutes acceptance of the disclosure statement.

23. Later Material Facts

If a material fact becomes known after delivery of the original disclosure statement and directly, substantially, and adversely affects the property’s value, Hawaii law may require an amended disclosure.

Where the statute applies, the seller generally must provide the amendment within the statutory period after discovering the material fact and no later than the applicable pre-recording deadline.

A buyer who was not already aware of the newly disclosed information may receive another statutory opportunity to rescind before recordation.

24. Association and Recorded-Restriction Documents

Where the property is subject to a recorded declaration or applicable association restrictions, Hawaii law may require the seller to provide specified documents such as:

• Organizational documents;
• Bylaws;
• Declarations;
• Amendments;
• Rules;
• Architectural-control provisions;
• Maintenance obligations; and
• Assessment-related rules.

This can be particularly relevant to:

• Condominiums;
• Planned communities; and
• Certain properties subject to recorded restrictions.

25. Hawaii-Specific Hazard and Shoreline Disclosures

Depending on the property’s location and the availability of applicable maps or information, additional Hawaii disclosure requirements may concern designated areas such as:

• Special flood hazard areas;
• Tsunami inundation areas;
• Lava-flow hazard zones;
• Sea-level-rise exposure areas; and
• Other areas designated by statute.

Properties adjacent to the shoreline may also trigger disclosure requirements concerning certain erosion-control structures, permits, violations, and fines.

26. Chapter 508D Exemptions

Hawaii provides statutory exemptions for specified transactions.

Depending on the facts, exemptions may include certain:

• Sales to a co-owner;
• Sales to a spouse, parent, or child;
• Transfers by devise or descent;
• Court-ordered sales;
• Foreclosure transfers;
• Bankruptcy transfers;
• Deeds or assignments in lieu of foreclosure;
• Certain sales by creditors;
• Fee-simple conversions of leased land;
• Initial developer sales covered by specified public reports; and
• Timeshare transfers.

An exemption should not be assumed without examining the specific transaction.

27. Remedies for Disclosure Violations

A buyer may elect to complete a transaction despite a seller’s failure to comply with Chapter 508D.

After recordation, the buyer generally cannot rescind the transaction under Chapter 508D merely because of a disclosure violation.

However, where a seller negligently fails to provide the disclosure required by the chapter, the seller may be liable for actual damages caused by that negligence.

Applicable attorney fees, costs, and other remedies may also be available under Hawaii law.

Fraud, misrepresentation, contract, or other claims may be governed separately.

28. Property Inspections and Due Diligence

The Website may advertise:

• No formal inspection;
• No repairs;
• As-is purchases;
• No financing contingency;
• No appraisal contingency; or
• Similar streamlined transaction terms.

These statements describe possible buyer preferences.

They do not:

• Eliminate statutory disclosures;
• Prevent due diligence allowed under the agreement;
• Authorize concealment; or
• Override a signed contract.

A buyer may choose to:

• Inspect the property;
• Obtain contractor estimates;
• Obtain engineering evaluations;
• Review fire reports;
• Review insurance information;
• Review permits;
• Examine title;
• Review leasehold terms;
• Review association information;
• Conduct environmental testing; or
• Perform other due diligence.

29. Fast Closing and Similar Advertising Statements

The Website may advertise:

• Cash offers within approximately 24 hours;
• Closing in approximately seven days;
• Closing in approximately ten days;
• Closing on the seller’s timeline;
• No repairs;
• As-is purchases;
• No real estate-agent commissions;
• No seller fees;
• Buyer-paid closing costs;
• No formal inspection;
• No appraisal contingency;
• No financing contingency; or
• Similar streamlined transaction features.

These statements describe potential transaction structures.

They do not guarantee identical terms or timing for every property.

Actual timing may depend on:

• Disclosure periods;
• Property condition;
• Ownership;
• Title;
• Leasehold status;
• Mortgages;
• Liens;
• Association documents;
• Buyer availability;
• Property access;
• Due diligence;
• Escrow;
• Recording;
• Legal requirements; and
• Other circumstances.

30. Closing Costs, Fees, and Commissions

Where a prospective purchaser agrees to:

• Pay specified closing costs;
• Purchase without a listing broker;
• Charge no seller commission;
• Charge no particular seller fee; or
• Pay specified escrow or title expenses,

the actual obligations of the parties will be determined by the executed transaction documents and closing statement.

Website advertising does not override signed transaction documents.

31. Leasehold Property

Many Hawaii properties involve leasehold interests rather than fee-simple ownership.

If a property is leasehold, matters potentially relevant to a transaction may include:

• Ground rent;
• Lease expiration;
• Renegotiation provisions;
• Assignment restrictions;
• Lessor consent;
• Surrender provisions;
• Financing limitations;
• Leasehold improvements; and
• Other lease obligations.

No Website offer or estimate should be interpreted without regard to the actual property tenure.

32. Foreclosure and Financial Distress

The Website expressly markets services to homeowners who may be:

• Behind on mortgage payments;
• Facing default;
• In foreclosure;
• Behind on taxes;
• Behind on lease assessments;
• Behind on association or maintenance fees; or
• Experiencing other financial distress.

We are not your:

• Mortgage lender;
• Mortgage servicer;
• Attorney;
• Financial adviser;
• Credit counselor;
• Housing counselor;
• Mortgage broker;
• Loan-modification provider; or
• Foreclosure consultant

unless expressly established through a separate legally compliant arrangement.

33. Hawaii Mortgage Rescue Fraud Prevention Act

Hawaii’s Mortgage Rescue Fraud Prevention Act regulates specified services and conveyances involving distressed residential property.

A property can fall within the statutory definition of “distressed property” under circumstances including:

• A secured loan being more than 60 days delinquent;
• Certain tax, lease-assessment, association-fee, or maintenance-fee delinquencies;
• A notice of default;
• Acceleration of a secured loan; or
• Solicitation or provision of mortgage-assistance-relief services.

The applicability of the statute depends on the actual transaction and services provided.

34. Ordinary Third-Party Sale Distinguished From Mortgage Assistance

A conventional arm’s-length sale to an independent third-party purchaser is not automatically a mortgage-assistance-relief service merely because the homeowner is distressed.

Hawaii law distinguishes a sale to an ordinary third party from services represented as helping the homeowner:

• Stop foreclosure;
• Obtain a loan modification;
• Obtain forbearance;
• Cure default;
• Negotiate a short sale;
• Avoid tax-sale consequences;
• Save the home; or
• Obtain other mortgage relief.

These Website Terms do not establish a mortgage-rescue consulting relationship.

35. Distressed-Property Consultant Contracts

Where a person acts as a covered distressed-property consultant, Hawaii law requires a detailed written consulting contract.

The contract must contain specified information and notices.

A covered homeowner has the right to cancel the consulting transaction at any time before the consultant has fully performed every service contracted or represented to be performed.

36. No Advance Compensation for Covered Consulting

Where Hawaii’s distressed-property-consultant provisions apply, a consultant generally may not collect compensation until the consultant has fully performed each contracted or represented service.

Other statutory restrictions can apply to:

• Liens;
• Security interests;
• Powers of attorney;
• Misrepresentations;
• Guarantees;
• Communications with lenders; and
• Other conduct.

37. Distressed-Property Conveyance Contracts

Where a transaction constitutes a covered distressed-property conveyance effected through a distressed-property consultant, Hawaii requires a detailed written conveyance contract.

The contract includes statutory warnings explaining, among other things, that:

• The homeowner may cancel;
• The purchaser cannot have the homeowner sign a deed before the cancellation period expires; and
• The homeowner is urged to have the contract reviewed by an attorney.

38. Fifteen-Business-Day Distressed-Property Cancellation Right

For a covered distressed-property conveyance, Hawaii law generally gives the homeowner the right to cancel until the later of:

• Midnight of the fifteenth business day following the day the last party signs the conveyance contract; or
• 5:00 p.m. on the last day of any applicable Hawaii statutory cure period.

Nothing in these Website Terms shortens that right.

39. No Conveyance During the Cancellation Period

Where the Mortgage Rescue Fraud Prevention Act applies, the distressed-property purchaser generally may not obtain execution of a deed or other conveyance document from the homeowner before the cancellation period has expired.

Recording restrictions and specified contract-recording timing requirements may also apply.

40. No Foreclosure-Rescue Guarantees

Unless separately authorized and legally qualified, we do not represent that:

• We act for your lender;
• We act for your mortgage servicer;
• We act for the State of Hawaii or federal government;
• We guarantee foreclosure will stop;
• We guarantee a loan modification;
• We will negotiate your mortgage for you;
• You should stop communicating with your lender;
• You should stop making legally required payments; or
• Selling your property through us is your only option.

41. Probate and Inherited Property

Submitting inherited or probate property does not establish that the person submitting it has authority to sell.

A transaction may require:

• Personal-representative authority;
• Executor or administrator authority;
• Trustee authority;
• Probate documents;
• Participation or consent of heirs;
• Appropriate deeds;
• Affidavits;
• Court orders; or
• Other evidence of authority.

42. Insurance Claims and Fire-Damage Proceeds

A fire-damaged property may involve an open or completed insurance claim.

We do not act as your:

• Insurance company;
• Insurance producer;
• Public adjuster;
• Insurance attorney; or
• Insurance adviser

unless separately established through a legally compliant arrangement.

You are responsible for understanding matters including:

• Insurance coverage;
• Claim requirements;
• Proof-of-loss requirements;
• Claim deadlines;
• Insurance proceeds;
• Repair obligations;
• Mortgage-holder rights;
• Assignment restrictions;
• Recoverable depreciation;
• Policy conditions; and
• Tax implications.

If property is sold while a claim remains pending, the purchase agreement should address the parties’ respective rights to the claim and proceeds.

43. Permits, Code Enforcement, and Unsafe Structures

Fire-damaged property may be subject to:

• Building-code violations;
• Unsafe-building determinations;
• Condemnation;
• Repair permits;
• Electrical permits;
• Building permits;
• Demolition requirements;
• Utility restrictions;
• Environmental requirements; or
• Other state or county requirements.

An as-is transaction does not waive governmental requirements.

44. Telephone Communications

By providing a telephone number and requesting information or an offer, you authorize us to respond to your inquiry.

Calls may concern:

• Your property;
• Property research;
• Scheduling;
• Offers;
• Buyer matching;
• Follow-up; and
• Potential transactions.

Additional consent will be obtained where applicable law requires it for regulated automated, artificial-voice, prerecorded, or marketing communications.

45. Recording of Communications

Hawaii generally permits a private person to record a communication where that person is a party or one participant has given prior consent, provided the recording is not made for a criminal or tortious purpose.

We or service providers acting on our behalf may record calls for legitimate purposes including:

• Quality assurance;
• Training;
• Documentation;
• Compliance;
• Fraud prevention; and
• Security.

Because callers may be located in jurisdictions with stricter recording laws, additional notice or consent may be required.

Where another applicable law requires all-party consent, we will comply with that stricter requirement.

46. Text Messages

If you provide a mobile number and applicable consent, we may communicate by text regarding:

• Your inquiry;
• Your property;
• Scheduling;
• Offers;
• Buyer matching;
• Follow-up; and
• Potential transactions.

Where required, additional consent will be obtained before regulated automated or marketing text communications are sent.

Message and data rates may apply.

Message frequency may vary.

Reply STOP to request that applicable messages stop.

47. Email Communications

By providing an email address, you authorize us to communicate concerning:

• Your property;
• Offers;
• Prospective purchasers;
• Scheduling;
• Follow-up; and
• Potential transactions.

Applicable promotional emails will provide an unsubscribe mechanism.

48. Electronic Communications

Where permitted by law, you consent to receive transaction and Website communications electronically.

These may include:

• Email;
• Text messages;
• Electronic documents; and
• Website notices.

49. Privacy

Our processing of personal information is described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms to the extent permitted by law.

50. Independent Decision-Making

Selling real estate can have significant:

• Legal;
• Financial;
• Tax;
• Insurance; and
• Personal consequences.

You may wish to obtain independent advice from:

• A Hawaii attorney;
• A licensed Hawaii real estate professional;
• A tax professional;
• An accountant;
• An insurance professional;
• A contractor;
• An engineer;
• An appraiser;
• A housing counselor; or
• Another qualified professional.

51. No Professional Advice

Website content does not constitute individualized:

• Legal advice;
• Tax advice;
• Accounting advice;
• Financial advice;
• Insurance advice;
• Engineering advice;
• Construction advice;
• Appraisal advice;
• Mortgage advice; or
• Foreclosure advice.

52. No Automatic Brokerage, Agency, or Fiduciary Relationship

Use of the Website does not itself create:

• A real estate brokerage relationship;
• Seller representation;
• Buyer representation;
• Agency;
• A fiduciary relationship;
• A partnership;
• A joint venture; or
• Employment.

If a licensed Hawaii real estate professional participates in a regulated capacity, the applicable written brokerage and agency documents control.

53. Acceptable Use

You may not:

• Use the Website unlawfully;
• Submit fraudulent leads;
• Knowingly submit materially false information;
• Impersonate another person;
• Submit property information without authority;
• Attempt unauthorized system access;
• Introduce malicious code;
• Circumvent security;
• Abuse Website forms; or
• Violate another person’s rights.

54. Intellectual Property

The Website and its original:

• Text;
• Branding;
• Graphics;
• Photographs;
• Videos;
• Layout;
• Designs; and
• Software

are owned by or licensed to Hawaii Fire House Buyer unless otherwise stated.

You may not commercially reproduce or exploit protected Website materials without appropriate authorization.

55. Third-Party Websites and Services

We may link to or integrate with third-party services.

We do not control and are not responsible for third-party:

• Content;
• Privacy practices;
• Security;
• Products;
• Services;
• Representations; or
• Conduct.

56. Website Availability

We may modify, restrict, suspend, or discontinue portions of the Website.

Continuous, uninterrupted, or error-free access is not guaranteed.

57. No Guarantee of Transaction

We do not guarantee:

• That every property will receive an offer;
• That an offer equals fair market value;
• Any particular price;
• Any specific closing date;
• Assignment of a contract;
• Availability of an independent buyer;
• Completion of a transaction; or
• Any particular financial result.

58. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE; AND
• NON-INFRINGEMENT.

Nothing in these Terms excludes rights that applicable law does not permit to be excluded.

59. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAWAII FIRE HOUSE BUYER AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING SOLELY FROM WEBSITE USE.

OUR AGGREGATE LIABILITY FOR CLAIMS ARISING SOLELY FROM WEBSITE USE WILL NOT EXCEED $500, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

This Website-only limitation does not govern rights or liabilities under a separately executed property transaction agreement unless that agreement expressly provides otherwise.

60. Independent Third-Party Buyers

To the maximum extent permitted by law, we are not responsible for the independent:

• Offers;
• Representations;
• Valuations;
• Contracts;
• Financing;
• Privacy practices;
• Performance; or
• Conduct

of an unaffiliated third-party prospective purchaser.

61. Indemnification

To the extent permitted by law, you agree to indemnify Hawaii Fire House Buyer and its affiliates from claims arising from:

• Your unlawful use of the Website;
• Your material breach of these Terms;
• Fraudulent information you knowingly submit;
• Information knowingly submitted without authority; or
• Your violation of another person’s rights.

62. Governing Law

These Terms are governed by the laws of the State of Hawaii, except where applicable law requires otherwise.

63. Venue and Disputes

Subject to mandatory jurisdiction, venue, consumer-protection, mortgage-rescue, and transaction-specific requirements, legal proceedings arising solely from use of the Website or these Terms may be brought in a court of competent jurisdiction in the State of Hawaii.

These Website Terms do not impose mandatory arbitration.

A separately executed purchase agreement, assignment agreement, brokerage agreement, distressed-property agreement, or other transaction-specific agreement may contain different enforceable dispute provisions.

64. Non-Waivable Hawaii Rights

Nothing in these Terms waives rights that cannot legally be waived under applicable:

• Hawaii Unfair or Deceptive Acts or Practices law;
• Chapter 508D seller-disclosure requirements;
• Hawaii Real Estate Brokers and Salespersons law;
• Hawaii Mortgage Rescue Fraud Prevention Act;
• Hawaii communications law;
• Hawaii security-breach law;
• Federal mortgage-assistance law;
• Federal disclosure law; or
• Other applicable law.

65. Transaction Agreements Control

These Website Terms do not replace:

• Purchase agreements;
• Assignment agreements;
• Brokerage agreements;
• Escrow instructions;
• Disclosure statements;
• Association or condominium documents;
• Title documents;
• Closing documents;
• Distressed-property agreements; or
• Other transaction-specific documents.

A separately executed transaction agreement governs that transaction to the extent enforceable under applicable law.

66. Changes to These Terms

We may update these Terms periodically.

Updated Terms become effective when posted or on another effective date identified in the revised Terms, subject to applicable law.

67. Severability

If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain effective.

68. No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

69. Assignment

You may not assign these Website Terms without our prior written consent.

We may assign these Website Terms in connection with a:

• Merger;
• Acquisition;
• Reorganization;
• Financing;
• Affiliate restructuring; or
• Sale of assets,

subject to applicable law.

This Website provision does not determine whether a real estate purchase contract may be assigned.

70. Entire Agreement Regarding Website Use

These Terms and the Privacy Policy constitute the agreement governing Website use.

They do not supersede separately executed real estate transaction documents.

71. Contact Us

Questions concerning these Terms may be directed to:

Hawaii Fire House Buyer
Hawaii
United States

Phone: 808-400-8801
Website: hawaiifirehousebuyer.com