Terms of Service

Effective Date: January 13, 2026

These Terms of Service ("Terms") govern your access to and use of the website (the "Site") and any related services provided by Hawthorn & Albatross, LLC ("we," "us," or "our"), a limited liability company registered in the State of California. By accessing or using the Site, or by submitting any information to us (including via SMS or web forms), you agree to be bound by these Terms. If you do not agree, do not use the Site or our services.

1. Description of the Service

Hawthorn & Albatross, LLC provides an online platform where homeowners and property owners ("you" or "User") can submit inquiries regarding their residential property to receive a potential cash offer to purchase the home as-is. Our service includes:

  • Collecting property details, contact information, and other data you provide through forms on the Site or via SMS/text message opt-in.

  • Evaluating the submitted information to generate and communicate a no-obligation cash offer for your property.

  • Facilitating further discussions, site visits, or closing processes if you choose to proceed with an offer.

Our cash offers are based on available market data, property condition estimates, and other factors. Offers are not guarantees of final purchase price or transaction completion, and any potential sale is subject to due diligence, title review, and mutual agreement.

We are not a licensed real estate brokerage unless otherwise disclosed, and we do not provide real estate agent services, appraisals, or listings on the MLS. This service is intended for informational and preliminary offer purposes only.

2. User Responsibilities and Representations

By using the Site or submitting information (including property details or contact information), you represent and warrant that:

  • You are at least 18 years old and have the legal capacity to agree to these Terms.

  • You are the owner of the property or have full authority from the owner(s) to submit inquiries and negotiate a potential sale.

  • All information you provide (including property address, condition, ownership details, phone number, email, and any other data) is accurate, complete, current, and truthful.

  • You will not provide false, misleading, or fraudulent information.

  • Providing inaccurate information may result in invalid offers, termination of communications, or legal consequences.

You are solely responsible for the accuracy of all submitted data. We rely on the information you provide and are not obligated to independently verify it.

3. SMS Communications and Opt-Out

We may communicate with you via SMS/text message regarding your property inquiry, cash offer status, follow-up questions, or related updates, provided you have given express consent (e.g., by texting a keyword in response to our direct mail invitation, submitting your phone number on the Site with consent disclosure, or other opt-in methods).

  • Message Frequency: Varies (typically up to [e.g., 4] messages per month).

  • Costs: Message and data rates may apply as charged by your mobile carrier.

  • Opt-Out: You may opt out of receiving SMS messages at any time by replying "STOP" to any message we send. You may also reply "HELP" for assistance or contact us directly (see Section 10). Upon opt-out, we will stop sending marketing/promotional SMS (a confirmation message may be sent).

  • Consent is not a condition of using our website or receiving a cash offer quote.

We comply with applicable A2P 10DLC regulations and carrier guidelines for SMS messaging.

4. No Obligation; No Guarantee

Submitting an inquiry or receiving a cash offer does not create any obligation to sell your property or enter into a transaction. All offers are conditional, non-binding, and subject to change or withdrawal. We reserve the right to decline any transaction for any reason.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, SUBMISSION OF INFORMATION, RECEIPT OF OFFERS, OR ANY COMMUNICATIONS (INCLUDING SMS).

  • OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

  • WE ARE NOT RESPONSIBLE FOR DELAYS, FAILURES, OR ERRORS IN SMS DELIVERY, OR FOR ANY ACTIONS TAKEN BASED ON INFORMATION PROVIDED THROUGH OUR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.

6. Indemnification

You agree to indemnify, defend, and hold harmless Hawthorn & Albatross, LLC, its officers, directors, employees, agents, and affiliates from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, inaccurate information provided, or your use of the Site/services.

7. Intellectual Property

The Site and its contents (text, graphics, logos, etc.) are owned by us or our licensors and protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

8. Termination

We may terminate or suspend your access to the Site or services at any time, without notice, for any reason, including violation of these Terms.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the services shall be subject to the exclusive jurisdiction of the state and federal courts located in [insert appropriate county, e.g., San Diego County], California. You consent to the personal jurisdiction of such courts.

10. Contact Us

For questions about these Terms, contact:

Hawthorn & Albatross, LLC. 9815 Carroll Canyon Rd Suite 206, San Diego, CA 92131 Email: office@hawthornandalbatross.com Phone: 619-215-0677

For SMS help, reply "HELP" to any message or use the contact information above.

11. Changes to These Terms

We may update these Terms from time to time. We will post the revised version on the Site with a new effective date. Your continued use of the Site or services after changes constitutes acceptance.

Thank you for considering Hawthorn & Albatross, LLC for your property needs.