DX Network, Inc., its subsidiaries and affiliated companies (collectively referred to herein as "IDX Network" or the "Company") provides products, applications, services, and websites (collectively, the "IDX Services") to you pursuant to the Terms of Service set forth herein, including any policies, guidelines or amendments thereto that may be presented to you from time to time (the "Terms"). By using the IDX Services you agree to these Terms. The most current version of these terms is available at http://www.idxnetwork.com/idx-terms-of-service.
IDX Network offers the IDX Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of IDX Services. You are responsible for maintaining the confidentiality of your account login information, and are responsible for all activities that occur under your account. You agree to immediately notify IDX Network of any unauthorized use of your account or any other breach of security. IDX Network cannot and will not be liable for any loss or damage arising from your failure to provide IDX Network with accurate information or to keep your password secure.
You understand that all information, data, text, email, listings, software applications, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. IDX Network reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via IDX Services. You understand that by using the IDX Services you may be exposed to Content tat is offensive, indecent or objectionable, and that you use IDX Services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using IDX Services and for any consequences thereof. You agree to use IDX Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts IDX Services or servers or networks connected to IDX Services.
In addition to these Terms, your use of some specific IDX Services is governed by the policies or guidelines specific to those services and which are specifically incorporated into these Terms.
By using the IDX Services, you acknowledge and agree that IDX Network may access, preserve and disclose your account information and any Content associated with your account, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of IDX Network, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of the IDX Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
You acknowledge and agree that the IDX Services and any necessary software used in connection with the IDX Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by IDX Network or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, IDX Services or Software, in whole or in part, except as specifically authorized in a separate written agreement.
Subject to these Terms, IDX Network grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by IDX Network in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to IDX Services. You agree not to access IDX Services by any means other than through the interface that is provided by IDX Network for use in accessing IDX Services except as specifically authorized in a separate written agreement. Except as expressly authorized by IDX Network you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter IDX Network's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the IDX Services or Software.
IDX Network claims no ownership or control over any Content submitted, posted or displayed by you on or through the IDX Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through IDX Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the IDX Services which are intended to be available to the members of the public, you grant IDX Network a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on IDX Services for the purpose of displaying, distributing and promoting IDX Services. IDX Network reserves the right to syndicate Content submitted, posted or displayed by you on or through IDX Services and use that Content in connection with any service offered by IDX Network. IDX Network furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
This License Agreement (License) permits you to use a single login, on a single domain name (URL). The IDX Services are licensed as a single product, to an individual user, except where multiple user licenses are purchased from IDX Network. These Terms require that each user of the IDX Services be licensed, either individually, or as part of a group under a Multi-User License. A Multi-User License provides for a specified number of users to use the IDX Services at any time. This does not provide for concurrent use across multiple domain names (URL’s) unless specifically agreed upon and ordered as such at an additional cost. Each user of the IDX Services must be covered either individually, or as part of a group Multi-User License. The IDX Services are in use on a computer when accessed via web browser, a user logs in, or the IDX Services are hyperlinked from any source. The IDX Services may only be contained (whether built in or framed) within one primary domain name (URL), unless specifically agreed in writing by IDX Network.
Except as expressly set forth herein, no rights are granted to do any of the following, and you shall not, and shall not cause or allow anyone else to, do any of the following: (a) use, display, access, distribute, transfer, alter, or modify the licensed content, or otherwise create any derivative works of the licensed content, (b) download, distribute, export, deliver, or transmit any of the licensed content, including to any computer or other electronic device, (c) sell, grant access to, or sublicense the licensed content, or any portion of the licensed content, to any third party. You agree to take all reasonable steps necessary to protect the licensed content from unauthorized access, distribution, copying or use. Additionally, you agree to never use crawlers, rogue bots, site scrapers or any automated script/software or method that attempts to mine the listing content on your own or any other IDX Network client account. You acknowledge that the Company may block access to its servers and/or membership and, when discovered, your account will be immediately terminated without prior notice.
IDX Network provides certain services that are provided in part by third party Multiple Listing Services data (the “MLS Data”). Your use of such services is subject to the terms and conditions set forth by each individual MLS Data supplier. In most cases, you must be an active member of the related MLS in order to use the MLS Data needed to support your IDX Services. You are solely responsible for any fees charged by your MLS Data supplier. IDX Network and/or the MLS Data supplier will provide you with all necessary documentation, contracts and fee requirements to participate in the MLS Data services. IDX Network is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS Data services provided by third party MLS Data suppliers. Use of MLS Data services is strictly at your own risk and there is no guarantee or implied warranties provided by IDX Network related to the MLS Data.
You hereby agree as follows: (i) you shall not use the IDX Services for “spamming,” as determined by IDX Network in its reasonable discretion; (ii) you shall keep secure any identification, password and other confidential information relating to your site and shall notify IDX Network immediately of any known or suspected unauthorized use of your site or breach of security, including loss, theft or unauthorized disclosure of passwords or other security information; (iii) you shall not use the IDX Services for any unlawful purpose; (iv) you shall not engage in any other conduct that restricts or inhibits any other person from using or enjoying the IDX Services, or which, in the judgment of IDX Network, exposes IDX Network or any of its customers or suppliers to any liability or detriment of any type; and (vi) you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the IDX Services, and you shall be responsible for all charges related thereto. You can find the most current version of the IDX Network’s Acceptable Use Policy athttp://www.idxnetwork.com/acceptable-use.
You agree that IDX Network has no responsibility or liability for the deletion or failure by you or anybody else to store any Content and other communications maintained or transmitted as part of the IDX Services. You acknowledge that although IDX Network may not have historically set a fixed upper limit on the number of transmissions you may send or receive through the IDX Services or the amount of storage space used; the Company retains the right, in its sole discretion, to create limits at any time with or without notice.
IDX Network reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the IDX Services (or any part thereof) with or without notice. You agree that IDX Network shall not be liable to you or to any third party for any modification, suspension or discontinuance of the IDX Services.
Customer support for the IDX Services is provided by telephone and email, Monday through Friday, between 8AM and 6PM pacific time. Technical support requests relating to errors in, or the improper functioning of, the IDX Services is provided at no cost by IDX Network. All other requests for support, training, customization and/or other services will be billed in conjunction with providing the requested services, based on IDX Network’s current pricing at the time of such request. You can find the most current price list of additional services at http://www.idxnetwork.com/additional-services.
Payment for IDX Services is due upon approval of the MLS Data display by your MLS Data supplier and activation of your IDX Services credentials. Credit cards are billed on or around the same day of the month or the year in which your account credentials were originally established. If your account was activated on the 25th of the month, your credit card will be billed on or around the 25th of following months. IDX Services and charges continue month-to-month or year-to-year, unless otherwise stated in writing by the Company. Once payment is collected, refunds are not available.
In the event that you choose to cancel your IDX Services, you agree to provide notice 10 days prior to your applicable billing date (the “Notice of Cancellation”). All payments charged are for entire monthly or annual billing cycles, whether you log in or not. No pro-rated refunds for accounts terminated before the end of the billing cycle will be issued. Service cancellations must be received via email, fax or US postal mail. Contact information can be found on our contact page at http://www.idxnetwork.com/contact. If Notice of Cancellation is tendered by email, you agree to send such email to billing@IDXNetwork.com with “IDX Services Notice of Cancellation” in the subject line.
Cancelled accounts will automatically be terminated at the end of the applicable billing cycle, as long the request is received prior to the billing date, as provided above. Your account will remain active until terminated by the billing department. There is no cancellation fee and there will be no refund for any unused service until the end of the billing cycle. Non-usage of your account is not proof of cancellation of IDX Services. Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the prescribed Notice of Cancellation is received by IDX Network’s billing department.
You may discontinue your use of IDX Services at any time with Notice of Cancellation. You agree that IDX Network may at any time and for any reason, including a period of account inactivity, terminate your access to IDX Services, terminate these Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to the IDX Services, your account or any files or other content contained in your account. Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and choice of law, severability and statute of limitations within these Terms, shall survive termination of the IDX Services.
You agree to hold harmless and indemnify IDX Network, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively " IDX Network and Partners") from and against any third party claim arising from or in any way related to your use of the IDX Services, violation of these Terms or any other actions connected with use of the IDX Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, IDX Network will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDX NETWORK AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IDX NETWORK OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE IDX SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM IDX SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON IDX SERVICES; OR (v) ANY OTHER MATTER RELATING TO IDX SERVICES.
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that IDX Network may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on IDX services.
These Terms (including any policies, guidelines or amendments that may be presented to your from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and IDX Network and govern your use of the IDX Services, superseding any prior agreements between you and IDX Network for the use of IDX Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IDX services, partner services, third-party content or third-party software.
The Terms and the relationship between you and IDX Network shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and IDX Network agree to submit to the personal and exclusive jurisdiction of the courts located within Clark County, Nevada.
The failure of IDX Network to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions, and other provisions of these Terms remain in full force and effect.
This Site and its content are made available only to provide information about IDX Network, its products and its services. This Site is maintained in Nevada, USA.
1000 N Green Valley Pkwy. Ste 440-253
Henderson, NV 89074