BrokerIDXsites Inc. Terms of Service
By using BrokerIDXsites Inc. ("BrokerIDXsites") products, software, services or web sites, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://brokeridxsites.com/page67.html
Initial payment is expected within 3 days of sign up - account is disabled at 7 days after sign up if payment is not received.
There is a service charge of $150 to re-activate an intial account for non-payment.
Auto billing begins approximately 30 days after your initial payment date, then continues around that same time until cancelled.
To cancel your service email visit - http://brokeridxsites.net/helpdesk/index.php?a=add - and complete a support ticket. You will receive a response within 48 hours.
Initial payment cancellations generally occur in 3 business days, but can take as long as 10.
Auto payments can take as long as 30 days to cancel.
Custom theme payments are non-refundable.
Customer support is provided by telephone and email, Monday through Friday, between 10 AM and 7 PM EST. Technical support requests relating to errors in, or the improper functioning of the services is provided at no cost by BrokerIDXsites Inc. All other requests for support, training, customization and/or other services will be billed in conjunction with providing the services, based on BrokerIDXsite's then current pricing at the time of such request.
Any required compliance paperwork must be executed and returned within 7 days of sign up or your account will be disabled.
Image Use Policy:
You must have the legal rights to use any images you place on your website. Copywritten images will be immediately removed with out notice upon discovery. BrokerIDXsites Inc. accepts no responsibilty for your use of copywritten images. MLS images are usually copywritten - please check with your MLS before using any images from the feed.
Responsibility for Content:
You, as BrokerIDXsites Inc.’s customer, are solely responsible for the content stored on and served by your BrokerIDXsites Inc. server. BrokerIDXsites Inc. makes no warranty, guarantee or promise of customer data backups. This includes, but not limited to, documents, transactions and associated documents, images, website content, website pages added by the customer, Virtual Tours created by the customer, blog posts and leads. If your data is important to you BrokerIDXsites Inc., STRONGLY RECOMMENDS YOU KEEP YOUR OWN BACKUPS.
You understand that all information, data, text, email, listings, software, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. BrokerIDXsites Inc. reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via BrokerIDXsites Inc. services. You understand that by using BrokerIDXsites Inc. services you may be exposed to Content that is offensive, indecent or objectionable, and that you use BrokerIDXsites Inc. 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 BrokerIDXsites Inc. services and for any consequences thereof. You agree to use BrokerIDXsites Inc. 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 BrokerIDXsites Inc. services or servers or networks connected to BrokerIDXsites Inc. services.
In addition to this agreement, your use of some specific BrokerIDXsites Inc. services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
BrokerIDXsites Inc. provides certain services that are provided in-part by third party Multiple Listing Services (MLS). Your use of such services is subject to the terms and conditions set forth by each individual MLS supplier; in most cases, you must be an active member of the MLS in order to participate in MLS Data Services provided by the MLS and BrokerIDXsites Inc.. You are also solely responsible for any fees charged by the MLS data supplier. BrokerIDXsites Inc. and/or the MLS data supplier will provide you with all necessary documentation, contracts and fees required to participate in the MLS data services. BrokerIDXsites Inc. is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services provided by third party MLS data suppliers. The use of MLS data services is strictly at your own risk and there is no guarantee or implied warranties provided by BrokerIDXsites Inc.
Use of Services:
BrokerIDXsites Inc., its subsidiaries and affiliated companies ("BrokerIDXsites") offer 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 BrokerIDXsites services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify BrokerIDXsites of any unauthorized use of your password or account or any other breach of security. BrokerIDXsites cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
General Practices - Use and Storage:
You agree that BrokerIDXsites Inc.has no responsibility or liability for the deletion of or failure to store any Content and other communications maintained or transmitted by BrokerIDXsites Inc. services. You acknowledge that BrokerIDXsites Inc. may have set no fixed upper limit on the number of transmissions you may send or receive through BrokerIDXsites Inc. services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
You may discontinue your use of BrokerIDXsites Inc.services at any time. You agree that BrokerIDXsites Inc. may at any time and for any reason, including a period of account inactivity, terminate your access to BrokerIDXsites Inc. services, terminate the 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 BrokerIDXsites Inc. 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 expiration or termination.
By using BrokerIDXsites Inc. services, you acknowledge and agree that BrokerIDXsites Inc. may access, preserve, and disclose your account information and any Content associated with that 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 the 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, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of BrokerIDXsites Inc. 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.
BrokerIDXsites Inc.'s Rights
- You acknowledge and agree that BrokerIDXsites Inc. services and any necessary software used in connection with BrokerIDXsites Inc. services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, BrokerIDXsites Inc. services or software, in whole or in part except as specifically authorized in a separate written agreement except as expressly authorized by BrokerIDXsites Inc. or other proper third party rights holders.
- Subject to the Terms, BrokerIDXsites Inc. 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 BrokerIDXsites Inc. in writing. You agree not to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to BrokerIDXsites Inc. services. You agree not to access BrokerIDXsites Inc. services by any means other than through the interface that is provided by BrokerIDXsites Inc. for use in accessing BrokerIDXsites Inc. services except as specifically authorized in a separate written agreement. Except as expressly authorized by BrokerIDXsites Inc. 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 BrokerIDXsites Inc.'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 BrokerIDXsites Inc. services or software.
- BrokerIDXsites Inc. claims no ownership or control over any Content submitted, posted or displayed by you on or through BrokerIDXsites Inc. 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 BrokerIDXsites Inc. services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through BrokerIDXsites Inc. services which are intended to be available to the members of the public, you grant BrokerIDXsites Inc. a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on BrokerIDXsites Inc. services for the purpose of displaying, distributing and promoting BrokerIDXsites Inc. services. BrokerIDXsites Inc. reserves the right to syndicate Content submitted, posted or displayed by you on or through BrokerIDXsites Inc. services and use that Content in connection with any service offered by BrokerIDXsites Inc.. BrokerIDXsites Inc. 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.
In addition, Customer specifically agrees not to violate the Digital Millennium Copyright Act (DMCA) of the United States as an implementation of the two World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.
DMCA Repeat Infringer Policy.
For any one Customer website, Customer can receive no more than three (3) unique DMCA violation notices within any calendar year or service for that website will be terminated.
Grant of License:
This License Agreement (License) permits you to use a single login, on a single domain name (URL). The software is licensed as a single product, to an individual user, or group of users for Multiple User Licenses and Site Licenses. This Agreement requires that each user of the software be Licensed, either individually, or as part of a group. A Multi-User License provides for a specified number of users to use this software 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 above the normal licensing fee. Each user of this software must be covered either individually, or as part of a group Multi-User License. The software is in use on a computer when it is accessed via web browser, a user logs in, or the software is hyperlinked from any source. The software may only be contained (whether built in or framed) within one primary domain name (URL), unless specifically agreed upon in the service agreement.
Limitations on License. Except as expressly set forth in this Agreement, no rights are granted to do any of the following, and you 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 accounts in the system. You acknowledge that we may block access to our servers and/or membership and if discovered your account will be immediately terminated without prior notice.
We reserve the right to publish new customer signups and positive feedback at our website and other public forums, such as news websites, blogs and other industry specific websites. If you do not want us to quote your positive experiences or announce your use of our service you must notify us in advance. If notice is received after initial publication date, we will remove any notices generated from these said announcements promptly on idxbroker.com. You shall indemnify and hold harmless IDX, its affiliated companies and third party vendors against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to these announcements.
You agree to hold harmless and indemnify BrokerIDXsites Inc, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively " BrokerIDXsites Inc. and Partners") from and against any third party claim arising from or in any way related to your use of BrokerIDXsites Inc services, violation of the Terms or any other actions connected with use of BrokerIDXsites Inc. 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, BrokerIDXsites Inc. will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF BROKERIDXSITES INC. SERVICES IS AT YOUR SOLE RISK. BROKERIDXSITES INC. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDX AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BROKERIDXSITES INC. AND PARTNERS DO NOT WARRANT THAT (i) BROKERIDXSITES INC. SERVICES WILL MEET YOUR REQUIREMENTS, (ii) IDX SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BROKERIDXSITES INC. SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BROKERIDXSITES INC. SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BROKERIDXSITES INC. SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BROKERIDXSITES INC. OR THROUGH OR FROM BROKERIDXSITES INC. SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation Of Liabilty:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BROKERIDXSITES INC. 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 BROKERIDXSITES INC. OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE 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 BROKERIDXSITES INC. SERVICES; OR (v) ANY OTHER MATTER RELATING TO BROKERIDXSITES INC.. SERVICES.
Exclusions and Limitations:
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that BrokerIDXsites Inc. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on BrokerIDXsites Inc. services.
- Entire Agreement. The 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 BrokerIDXsites Inc.and govern your use of BrokerIDXsites Inc. services, superseding any prior agreements between you and BrokerIDXsites Inc. for the use of BrokerIDXsites Inc. services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BrokerIDXsites Inc. services, partner services, third-party content or third-party software.
- Choice of Law and Forum. The Terms and the relationship between you and BrokerIDXsites Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and BrokerIDXsites Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within Hernando County, Florida.
- Waiver and Severability of Terms. The failure of BrokerIDXsites Inc. to exercise or enforce any right or provision of the 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 as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
TOS - Last update - 10/27/2014