Realeaux Inc. (dba Newzip) (“Newzip”) encourages you to review this Terms of Use Agreement. Your use of this Website and any of its contents or services (collectively “the Services”) constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you do not agree to these terms and provisions, you are not permitted to use this site. In order to determine your compliance with this Agreement, we may monitor your access and use of our Services in accordance with our Privacy Policy.
By agreeing to these Terms of Use, you represent and warrant that:
To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address, phone number, and other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. You may only use the Services for transactions on your own behalf, and not on behalf of any other person.
Any action by you that, in our sole discretion:
Violates the terms and conditions of this Agreement and/or the Privacy Policy
Restricts, inhibits or prevents any access, use or enjoyment of our services or website
Through the use of our services or website, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use of our services or website. You shall not modify, scrape, embed, or frame our services without our prior written permission.Realeaux Inc. (
Newzip is a Delaware corporation with a business office located at 400 Rivers Edge Drive, 4th Floor, Medford, MA 02155 and a licensed real estate brokerage in Massachusetts, License #423451.
Newzip does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Newzip assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.
Your access to and use of the Services is conditioned on your acceptance of and compliance with this Agreement. This agreement applies to all visitors, users and others who access or use the service. If you don't agree with the terms and conditions of this Website and Services, then we ask you please to leave this Website. However, if you do use this Website and Services, then that operate as an acceptance and agreement that you agree to be bound by the terms and use of this Website and Services.
You agree not to enter or use the service for any purpose that is not expressly permitted by these terms and conditions, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the service including, without limitation, those applicable to the Internet, e-mail, privacy, copyrights, trademarks and data.
If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.
When you submit information through this website, a Newzip representative may contact you, via phone, SMS, and/or email at the contact number and/or email address that you provided.
You are obligated to provide information that is accurate and complete so that Newzip can provide you with a real estate agent that is suited for the potential transaction and Newzip reserves to the right to terminate anyone who provides false, inaccurate or misleading information.
Newzip operates as a referral service to licensed real estate brokerages. All terms and conditions between a home buyer or seller and a real estate agent is governed by a separate legal agreement that does not involve Newzip and is solely between the home buyers and sellers and the real estate agent.
Newzip does not endorse, validate, or recommend any legal agreements between home buyers and sellers and real estate agents. Please consult your own attorney for this type of work.
Referrals provided by Newzip via this website are not recommendations by Newzip for any particular service provider referred and should not be considered as such. You are responsible for vetting and choosing the service provider(s) which best suits your individual needs.
Even though your participation in this referral service may be terminated by you or Newzip at any time and is completely voluntary, any referrals that Newzip may have with a real estate professional prior to termination are still effective.
You agree and acknowledge that Newzip may modify the terms and conditions of this Website and associated referral service at any time. Newzip will notify you in advance of any significant changes of our services to provide you with the option to discontinue use of the services. Your continued use of the Website and Newzip’s referral services after the period listed in the notice indicates agreement and acceptance of the new terms and conditions.
This Website may contain third party advertisements and links to third party sites. Newzip does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability or the conduct or content of those advertisements and sites and the offerings made by the third parties. Third party advertisements or links to other sites where goods or services are advertised are not endorsements or recommendations by Newzip of the third party sites, goods, or services. Newzip takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.
Newzip intends that the information contained on our Website be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Website, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
Newzip Cash Rewards are funded by a negotiated referral fee between Newzip and the selected real estate broker. Newzip will then provide to you, the home buyer, a significant portion of this referral fee in the form of a closing cost credit.
The amount of cash rewards is determined by the final sale price of the property at closing. In order to be eligible for Newzip’s cash rewards, you must be the purchaser of real estate, and the real estate transaction must take place under a valid and binding broker referral agreement between Newzip and the transacting agent.
Please note that cashback rebates are not available where prohibited by law, including in the following states: Alaska, Iowa, Kansas, Mississippi, Missouri, Oklahoma, Oregon and Tennessee. Newzip reserves the right to withdraw this cashback rebate offer in other jurisdictions if legal impediments arise.
Marketing statements or assertions made by Newzip on this Website related to the amount of savings a home buyer or seller might obtain through use of our services are premised upon assumptions and hypotheticals that may not be applicable to every situation. Any such statements or assertions made on this Website regarding the “savings” or “average savings” of a home buyer or seller are based upon Newzip's own internal analysis of home sales, may not be universally accurate, and are only intended to illustrate the financial distinction between use of a Newzip service agent versus use of the traditional real estate agent model.
When you utilize Services through our website, send email to us, or otherwise contact us through electronic means, you are communicating with us electronically and consent to receive communications from us via the same method(s) or any other method(s). Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Newzip will collect, store and use personal information in accordance with its Privacy Policy. For more information about the information collected, when and how it is collected, and how and why the information is used, refer to Newzip’s Privacy Policy, which is incorporated into and made a part of these Terms of Use.
In addition, your use of any linked website is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website.
Newzip works to ensure the accuracy of all of the information on this website. However, errors may occur. Newzip reserves the right to edit and/or improve this website at any time. THIS WEBSITE AND THE INFORMATION, SOFTWARE, AND SERVICES CONTAINED HEREIN ARE PROVIDED “AS IS”. NEWZIP AND ITS PARTICIPATING PARTNERS DISCLAIM ANY WARRANTY WHATSOEVER. THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. NEWZIP AND ITS PARTICIPATING PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER INJURY ARISING OUT OF THE USE OF THIS WEBSITE. Newzip is not responsible for any damages to property, including, but not limited to, Trojan horses, viruses, backdoors, worms, trap doors, time bombs, cancelbots, or any other code or computer program that may interfere with the transfer of data or contribute to the destruction to property.
No Warranties. NEWZIP PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWZIP AND ITS PARTNERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. NEWZIP AND ITS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY NEWZIP ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND NEWZIP MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
These Terms of Use are governed by the laws of the State of Massachusetts, without giving effect to its conflict of law provisions. Any claim arising out of or related to the use of Newzip’s products and services shall be resolved through arbitration. The arbitration shall be held before an arbitrator under the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place in the state of Massachusetts. These terms and conditions provide that all disputes shall be resolved by binding arbitration. You, the consumer, forfeit all rights to go to court to defend or assert your rights. You, the consumer also forfeit your rights to bring class action lawsuits against Newzip by using the goods or services provided by Newzip, you give consent to these restrictions.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record in Boston, Massachusetts. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
You agree to indemnify and hold harmless Newzip from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney's fees, resulting, whether directly or indirectly, from your violation of the agreement. You also agree to indemnify and hold harmless Newzip from and against any and all claims brought by third parties arising out of your use of any service and the content you make available via the Service by any means, including without limitation through a posting, a link, reference to content, or otherwise.
Newzip has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Newzip shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Newzip is not liable for delays or errors in responding to your any request that are a result of inaccurate information you provide, or any other reason beyond Newzip’s reasonable control.
This agreement between you, the consumer, and Newzip supersedes all promises, proposals, or prior communications, whether written, oral, or electronic. This agreement shall be governed to the laws of the state of Massachusetts. All rights not expressly granted are reserved.
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our website. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
Please retain a copy of this Agreement for your records.
Last updated December 20, 2023
