Support Center
Terms of Service
By using IDX Solutions products and services (IDX Products), 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://www.idxsolutions.com/support/terms.asp.
USE OF SERVICES
IDX Solutions, its subsidiaries and affiliated companies 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 IDX Products. 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 IDX Solutions of any unauthorized use of your password or account or any other breach of security. IDX Solutions 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.
PROPRIETARY RIGHTS
IDX Solutions Rights - You acknowledge and agree that IDX Products and any necessary Software used in connection with IDX Products ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by IDX Solutions or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on IDX Products or Software, in whole or in part except as specifically authorized in a separate written agreement. Subject to the Terms, IDX Solutions 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 Solutions in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to IDX Products. You agree not to access IDX Products by any means other than through the interface that is provided by IDX Solutions for use in accessing IDX Products except as specifically authorized in a separate written agreement. Except as expressly authorized by IDX Solutions 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 Solutions 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 Products or Software.
Your Rights - IDX Solutions claims no ownership or control over any content submitted, posted or displayed by you on or through IDX Products. 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 Products and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through IDX Products which are intended to be available to the members of the public, you grant IDX Solutions a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content on IDX Products for the purpose of displaying, distributing and promoting IDX Products. IDX Solutions reserves the right to syndicate content submitted, posted or displayed by you on or through IDX Products and use that content in connection with any service offered by IDX Solutions. IDX Solutions 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.
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.
APPROPRIATE CONDUCT
You understand that all information, data, text, email, listings, Software, photographs, graphics, video, messages or other materials are the sole responsibility of the person from which such content originated. IDX Solutions reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any content available via IDX Products. You understand that by using IDX Products you may be exposed to content that is offensive, indecent or objectionable, and that you use IDX Products 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 Products and for any consequences thereof. You agree to use IDX Products 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 Products or servers or networks connected to IDX Products. In addition to this agreement, your use of some specific IDX Products is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that IDX Solutions has no responsibility or liability for the deletion or failure to store any content and other communications maintained or transmitted by IDX Products. You acknowledge that IDX Solutions may have set no fixed upper limit on the number of transmissions you may send or receive through IDX Products 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.
LINKS
IDX Solutions may provide, or third parties may provide, links to other websites or resources. IDX Solutions may have no control over such sites and resources and you acknowledge and agree that IDX Solutions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IDX Solutions 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 site or resource.
MODIFICATIONS TO SERVICE
IDX Products may automatically report version number or other diagnostic information and may automatically integrate upgrades to update and further develop IDX Products, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. IDX Solutions reserves the right at any time and from time to time to further modify or discontinue, temporarily or permanently, IDX Products (or any part thereof) with or without notice. You agree that IDX Solutions shall not be liable to you or to any third party for any modification, suspension or discontinuance of IDX Products.
TERMINATION
You may discontinue your use of IDX Products at any time. You agree that IDX Solutions may at any time and for any reason, including a period of account inactivity, terminate your access to IDX Products, 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 IDX Products, your account or any files or other content contained in your account. Sections 9 (Termination), 11 (Indemnity), 12 (Disclaimer of Warranties), 13 (Limitations of Liability), and 14 (Exclusions and Limitations), of the Terms, shall survive expiration or termination.
PRIVACY POLICY
By using IDX Products, you acknowledge and agree that IDX Solutions 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 Solutions, its users or the public as required or permitted by law. You understand that the technical processing and transmission of IDX Products, 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.
INDEMNITY
You agree to hold harmless and indemnify IDX Solutions, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "IDX Solutions and Partners") from and against any third party claim arising from or in any way related to your use of IDX Products, violation of the Terms or any other actions connected with use of IDX Products, 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 Solutions will provide you with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1. YOUR USE OF IDX PRODUCTS IS AT YOUR SOLE RISK. IDX PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDX SOLUTIONS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2. IDX SOLUTIONS AND PARTNERS DO NOT WARRANT THAT (i) IDX PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) IDX PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF IDX PRODUCTS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH IDX PRODUCTS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF IDX PRODUCTS 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. 4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDX SOLUTIONS OR THROUGH IDX PRODUCTS SHALL CREATE ANY WARRANTS NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDX SOLUTIONS 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 SOLUTIONS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE IDX PRODUCTS; (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 PRODUCTS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON IDX PRODUCTS; OR (v) ANY OTHER MATTER RELATING TO IDX PRODUCTS.
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 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
NOTICE
You agree that IDX Solutions may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on IDX Products.
GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and IDX Solutions and govern your use of IDX Products, superseding any prior agreements between you and IDX Solutions for the use of IDX Products. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IDX Products, partner services, third-party content or third-party Software.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
