1. Accounts and Logins
a) You represent and warrant that all information You provide in connection with the creation of an account with KiwiSearches.com (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.
b) In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.
c) If You believe that a third-party has gained access to Your Account, You agree to notify Kiwi Searches by sending an email to our customer service. Kiwi Searches reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated Kiwi Searches has no obligation to retain any data associated with Your Account.
d) Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
2. Cancellation and Refund Policy
How to cancel your Kiwi Searches account
Kiwi Searches users can cancel their memberships at any time and for any reason.
If you’d like to end your Kiwi Searches subscription, simply send an email to firstname.lastname@example.org and include the email address that you registered with. Please note, it may take up to 72 hours to complete the cancellation process.
Kiwi Searches refund policy
Refunds will only be issued if requested within 30 days of purchase and only if the service has not been used.
Kiwi Searches is a state-of-the-art search site that provides the ability to look up contact data, mobile numbers, court records, properties, licenses, and more.
For subscription-based services
Refunds will only be issued if requested within 30 days of purchase and only if the service has not been used.
For all other products
Refunds will only be issued if requested within 30 days of purchase and only if the service has not been used.
3. License to Use KiwiSearches.com
a) Kiwi Searches grants You a personal, non-exclusive, non-transferable, limited and revocable license to use KiwiSearches.com subject to the Terms. You may use KiwiSearches.com and information acquired from KiwiSearches.com for either personal or commercial purposes, provided that such commercial use is not to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act (as further described herein) and at all times personal or commercial usage must be for lawful purposes. You may not use KiwiSearches.com in a manner that exceeds the rights granted for Your use. Certain content provided on KiwiSearches.com may be sourced from other third party sites and if noted, is subject to the Creative Commons Attribution-ShareALike License. Your use of any such content must also comply with those license terms.
b) Other than connecting to KiwiSearches.com by http request using a web browser, You may not attempt to access Kiwi Searches servers or KiwiSearches.com by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the Kiwi Searches servers or KiwiSearches.com. You may not use KiwiSearches.com to compile data or images for use by any commercial entity.
c) You agree not to disrupt, modify or interfere with KiwiSearches.com, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of KiwiSearches.com. You further agree not to alter or tamper with any information or materials on or associated with KiwiSearches.com.
d) You may not use KiwiSearches.com or any information acquired from KiwiSearches.com:
i) to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access KiwiSearches.com;
ii) to send any commercial email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act or any other applicable state law;
iii) to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b);
iv) in any manner that may violate any local, state, federal, or international privacy law to which You may be subject on the basis of Your location or the location of the person searched.
4. FCRA Restrictions
Kiwi Searches is not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the Kiwi Searches databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. You shall not use any of our information as a factor in
(1) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations,
(2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or
(3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
a) Kiwi Searches may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.
6. Information Available Through KiwiSearches.com
a) Kiwi Searches aggregates publicly available information from phone books, social networks, marketing surveys, real estate listings, business websites, and other public sources (“Public Information”). This Public Information may be made available to users through the KiwiSearches.com people search.
b) Kiwi Searches does not verify this Public Information. Kiwi Searches does not evaluate each piece of information provided and makes no guarantees to Kiwi Searches users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of KiwiSearches.com, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through KiwiSearches.com at Your own risk.
c) Court records are provided for informational purposes only. While we endeavor to provide you with the most up to date and comprehensive information, certain inaccuracies may still exist and certain records may be omitted. Kiwi Searches shall not be liable for any errors or omissions on this site. Anyone who uses any information provided by Kiwi Searches to commit a crime or to harass an individual or his or her family may be subject to criminal prosecution and civil liability.
d) Kiwi Searches does not allow individuals to opt-out (i.e. suppress display) of court records which pertain to them, unless an Order of Expunction or Sealing is provided. You may email a copy of any such Order to email@example.com. Kiwi Searches will only suppress or delete only those records specifically noted in the Order. A conviction may be expunged, but unless the Order also specifies expungement of the associated arrest record, it will remain on our systems.
7. Communications from Kiwi Searches
a) You agree to pay the fees associated with your use of the Kiwi Searches databases by providing us with a valid credit card. You hereby certify that you are an authorized user of that credit card. You understand that we take credit card fraud and non-payment seriously, and we may work with law enforcement agencies and private parties to address these issues if they occur. We further reserve the right to suspend service to any delinquent account without notice. You are responsible for providing payment for all use of our databases made by individuals using your account. If you suspect that unauthorized use of your account is taking place, you must notify us immediately. Kiwi Searches will use reasonable efforts to deliver the information services to its customers, and to compile information gathered from selected public records and other sources; provided, however, customer accepts all information "AS IS". Furthermore, Kiwi Searches accesses and is charged for information controlled by third parties and cannot guarantee the accuracy of the information.”
8. Links to Other Websites
a) You may find links to other Internet sites or resources on KiwiSearches.com that offer content, goods, or services. You acknowledge and agree that Kiwi Searches has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
a) Kiwi Searches utilizes mapping functionality provided by White Pages.
b) Kiwi Searches may provide certain content sourced from third party websites, including Wikipedia.com. The Original Authors of such content may be found on the Source site. Your use of this content may be subject to additional terms, including, but not limited to, the Creative Commons Attribution ShareALike License.
10. Kiwi Searches Intellectual Property
a) Kiwi Searches is the exclusive owner of trademark rights in the Kiwi Searches mark, copyright in the software used through KiwiSearches.com, and except as otherwise noted herein, copyright in the KiwiSearches.com screen displays, and all other rights in the KiwiSearches.com website and technology under U.S. and international intellectual property laws.
b) Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
c) Except as expressly authorized by Kiwi Searches, You agree not to use Kiwi Searches trademark or any mark confusingly similar to the Kiwi Searches mark. You agree not to reproduce, distribute, display or create derivative works of any part of KiwiSearches.com or any information presented to You through KiwiSearches.com, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on KiwiSearches.com, framing content from KiwiSearches.com, or creating any unauthorized derivative work.
d) Kiwi Searches uses third-party trademarks on KiwiSearches.com to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any
e) Kiwi Searches Photos provides access to proprietary images owned by third parties and made available through a license to Kiwi Searches. These images are protected by copyright law and are the intellectual property of the individual or company identified in each photo attribution. You agree not to use any automated tools to access or download these images and agree not to use or distribute these images for any commercial purpose. Kiwi Searches licenses with these third party owners do not authorize Kiwi Searches to provide You with any license to the photos.
f) Kiwi Searches may provide certain content sourced from third party websites, including Wikipedia.com. The Original Authors of such content may be found on the Source site. Kiwi Searches does not assert any copyright in these materials.
11. Submission of Confidential Information and Ideas
a) From time to time users submit ideas to Kiwi Searches for improving KiwiSearches.com either by email or in the course of a customer care interaction. Kiwi Searches has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to Kiwi Searches.
12. Intellectual Property Claims
a) If You believe that Your copyright has been infringed in any way by KiwiSearches.com, promptly provide in writing the following information to our customer service department.
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv) Information reasonably sufficient to permit Kiwi Searches to contact You, such as an address, telephone number and email address;
v) A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
vi) A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) If You believe that Your other intellectual property rights have been infringed in any way by KiwiSearches.com, please provide a detailed description of the alleged infringement for further investigation via e-mail to our customer service department. Kiwi Searches receiving, investigating, or responding to Your e-mail shall not constitute Kiwi Searches agreement or verification of Your claim(s) nor any admission of liability therefor. Kiwi Searches makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.
a) You agree that Kiwi Searches can send You electronic notices to the e-mail address that You provided to Kiwi Searches in creating Your Account or by displaying the notice on KiwiSearches.com. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
a) YOU USE KiwiSearches.com AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM KiwiSearches.com, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF KIWI SEARCHES HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, KIWI SEARCHES PROVIDES KIWISEARCHES.COM, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND KIWI SEARCHES SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
b) NO INFORMATION OR ADVICE PROVIDED ON KIWISEARCHES.COM, BY Kiwi Searches, OR BY KIWI SEARCHES’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
c) Kiwi Searches MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:
i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF KIWISEARCHES.COM, THE SERVICES, THE INFORMATION, OR THE CONTENT;
ii) THAT KiwiSearches.com WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
iii) THAT KiwiSearches.com, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
iv) AS TO THE QUALITY OR VALUE OF ANY OF Kiwi Searches’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR
v) THAT ANY ERRORS ON KiwiSearches.com WILL BE CORRECTED.
15. Limitation of Liability
a) To the extent permitted by law, Kiwi Searches shall have no liability, relating to Your use of (or connection to) KiwiSearches.com, for:
i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such;
ii) loss of business, profits, business information, or business interruption, or any other pecuniary loss; or
iii) for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
b) Kiwi Searches reserves the right, at any time, in Kiwi Searches sole and exclusive discretion, to amend, modify, suspend, or terminate KiwiSearches.com, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Kiwi Searches shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.
a) You agree to defend, indemnify, and hold Kiwi Searches, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of KiwiSearches.com.
b) Kiwi Searches reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Kiwi Searches. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Kiwi Searches.
17. Choice of Law
a) If You are a citizen or resident of the United States, the law of the state of Your residence governs this contract and any claim or dispute that You may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of California shall apply.
b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
18. Agreement to Arbitrate
Please read this carefully. It affects your rights.
a) Disputes Subject to Arbitration. Kiwi Searches and You agree to arbitrate all disputes and claims between us, including, but not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and
• claims that may arise after the termination of this agreement. Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other customers.
Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (18)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.
b) Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Kiwi Searches should be addressed to: General Counsel, Kiwi Searches, Inc., 556 S. Fair Oaks Ave., Suite # 101-179, Pasadena, CA USA 91105 (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If Kiwi Searches and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or Kiwi Searches may commence an arbitration proceeding with the American Arbitration Association (“AAA”).
c) Costs of Arbitration. Kiwi Searches will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if you initiate an arbitration in accordance with the notice requirements of paragraph (18)(b) and are seeking relief valued at $300 or less (both to You and us), Kiwi Searches will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, Kiwi Searches will pay all such fees in excess of $20. After Kiwi Searches receives notice at the Notice Address that You have commenced such an arbitration, Kiwi Searches will promptly reimburse you for any portion of the filing fee that you paid that Kiwi Searches has agreed to pay.
If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.
(d) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.
Unless Kiwi Searches and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If you bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.
Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws Kiwi Searches may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Kiwi Searches agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
(e) Prohibition of Class or Representative Actions and Non-Individualized Relief. YOU AND KiwiSearches.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and Kiwi Searches agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other Kiwi Searches users. Neither You nor we may seek non-individualized relief that would affect other Kiwi Searches users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if Kiwi Searches makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
19. Entire Agreement
a) These Terms and any Kiwi Searches policies posted on KiwiSearches.com constitute the entire contract between You and Kiwi Searches and supersede all previous written or oral contracts. Except as provided in paragraph (18)(e), if any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.