This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and Newral Investment Group, LLC. and its affiliated companies (collectively, “Newral Properties,” “we,” “us,” or “our”) providing the terms and conditions for your use of our Services.

By “Services,” we mean all the products and services owned and operated by Newral Investment Group, LLC, including the content, features, data, and software made available through www.newralproperties.com (the “Web Site”), our mobile applications, and other websites or applications we operate.

Please review this Agreement carefully.  By accessing and using our Services, you agree to all the terms and conditions of this Agreement. Please be sure to also review our Privacy Policy, which is incorporated and made a part of this Agreement.

This Agreement contains warranty and liability disclaimers.
We may modify this Agreement from time to time and will post the amended agreement at www.newralproperties.com/terms. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.

General Terms

1.1 Using Our Services

1.1.1 General Requirements

By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services.

Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not qualify, please immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.

1.1.2 Registered Users

We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.

You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at contact@opendoor.com of any unauthorized use of your account.

1.1.3 Infringement

You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:

Newral Investment Group 4801 Glenwood Ave Suite 200 Raleigh NC 27612
Tel: (919)415-0806
email: info@newralproperties.com

1.1.4 Other Restrictions

You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.

You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.

1.1.5 Submissions

If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively, a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre- screen submissions and we will have no obligation to read any particular submission submitted or sent to us.

By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

2.1 Disclaimers

2.1.1 No Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEWRAl INVESTMENT GROUP, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

2.1.2 Assumption of Risk

YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.

ADDITIONALLY, YOU VISIT NEWRAl INVESTMENT GROUP’S REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.

2.1.3 Not a Legal or Professional Advisor

You acknowledge and agree that Newral Investment Group is not engaged in rendering legal, tax or other professional services.  If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.

2.3 Limitation of Liability

In no event shall Newral Investment Group be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your use of our Services or our Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content.

You agree that neither Newral Investment Group, its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services.  Additionally, you agree that Newral Investment Group is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

2.4 Indemnification

You agree to indemnify, defend, and hold harmless Newral Investment Group, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party.  You must not settle any such claim or matter without the prior written consent of Newral Investment Group. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

2.5 Governing Law

This Agreement will be governed by the laws of the state of North Carolina, without regard to its provisions relating to conflict of laws.

2.6 Enforceability

Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by Newral Investment Group of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Newral Investment Group.

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Newral Investment Group.

2.7 Consent to be Contacted Notices

If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided.  Please be aware that we may record or monitor telephone calls for quality assurance.

If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

3.1 Service-Specific Terms

Certain terms and conditions are specific to certain of our Services.  We’ve broken those out below.

3.1 Newral Investment Group Estimates

If you received a Newral Investment Group Home Value, Market Trend Report, Value Forecast, and/or Estimated Offer (collectively referred to herein as a “Newral Investment Group Estimate”) from Newral Investment Group, that Newral Investment Group Estimate was calculated using publicly-available information and Newral Investment Group’s proprietary valuation model built by our in-house team of real estate valuation professionals. It typically takes into account hundreds of data sets related to your home and its location.

Importantly, the Newral Investment Group Estimate is not an appraisal, and is not an offer to purchase your home. It is merely an invitation for you to request an offer to purchase your home (a “Newral Investment Group Offer”).

3.2 Selling to Newral Investment Group

3.2.1 Newral Investment Group Offers

A Newral Investment group Offer is an offer by Newral Investment Group to purchase a home.  You will be eligible to receive a Newral Investment Group Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, and (iii) the home meets our parameters, which may change from time to time for a given service area under our sole discretion.

In making you a newral Investment Group Offer, Newral Investment Group is not acting as your real estate agent or broker. Newral Investment Group is merely acting as, or on behalf of, a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the Newral Investment Group Offer.

3.2.2 Not an Appraisal

Your Newral Investment Group Offer will be calculated using publicly- available information, our proprietary valuation model, and the information you give us, like your unique home features and upgrades. Importantly, a Newral Investment Group Offer is not an appraisal. It is the purchase price Newral Investment Group is willing to pay for your home, subject to additional terms, conditions, and fees outlined in the offer.

3.2.3 Accepting a Newral Investment Group Offer

If you accept a Newral Investment Group Offer, you agree to the following additional terms and conditions regarding the sale of your home. We may modify this Agreement from time to time, so please review this Agreement at the time the Purchase and Sale Contract (the “Sale Contract”) governing your home sale executed. In the event of any conflict between the Sale Contract and the terms of this Agreement or the terms of the Newral Investment Group Offer, the provision in the Sale Contract shall prevail to the fullest extent permitted by law.

When selling to Newral Investment Group, the Sale Contract is entered into based upon home information represented by the seller prior to a home assessment. Newral Investment Group reserves the right to request repairs or a price reduction should the home not accurately reflect the home information provided.  In the event the parties do not agree to the repair request or price reduction, then either party may cancel the transaction and earnest money will be refunded.

3.3 Buying a Newral Investment Group Home

3.3.1 As-Is Conveyance

If you contract to purchase a home from Newral Investment Group (“Seller”), you (“Buyer”) agree to the following additional terms and conditions regarding your purchase of the home (the “Property”).  We may modify this Agreement from time to time, so please review this Agreement at the time the Purchase and Sale Contract (the “Purchase Contract”) governing your home purchase is executed.  In the event of any conflict between the Purchase Contract and the terms of this Agreement, the provision in the Purchase Contract shall prevail to the fullest extent permitted by law.

Seller has provided Buyer with an opportunity to inspect the Property, and strongly encourages Buyer to seek an inspection on the Property by a licensed inspector.

Buyer further recognizes Seller has not resided in the Property and has limited knowledge thereof. Accordingly, to the fullest extent permitted by law in the applicable jurisdiction and under the terms of the Purchase Contract:

BUYER AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON AN “AS IS, WHERE IS AND WITH ALL FAULTS BASIS” WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION OR VALUE OF THE PROPERTY, THE PRESENCE OR ABSENCE OF HAZARDOUS SUBSTANCES IN, ON OR UNDER THE PROPERTY, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE LAW, OR EXPENSES ASSOCIATED WITH, THE PROPERTY.

BUYER WAIVES ANY IMPLIED WARRANTY AS TO HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY.

BUYER REPRESENTS THAT IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN LEGAL AND OTHER PROFESSIONAL COUNSEL OF ITS CHOOSING, AND THAT IT IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY.

BUYER WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY AND, IF BUYER ELECTS TO CLOSE ITS PURCHASE OF THE PROPERTY, IT WILL ASSUME THE RISK OF ANY ADVERSE MATTERS, INCLUDING ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY SUCH INSPECTIONS AND INVESTIGATIONS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS PROVISION WAS FREELY NEGOTIATED BETWEEN THE PARTIES AND PLAYED AN IMPORTANT PART IN THE BARGAINING PROCESS.

3.3.2 Newral Investment Group Tour Assistants

In eligible markets, at your request, an agent will meet you to help facilitate visits to homes (“Tour Assistant”). Prior to a home tour, you will receive an email with information about your Tour Assistant. Please note that visiting a home with a Tour Assistant does not establish an agency or contractual relationship between you and that Tour Assistant. We always welcome you to seek representation from the agent of your choice.