Privacy Policy
Effective from August 23, 2021
1. Privacy of its visitors and users
Realtorleadsus.com cares deeply about the privacy of its visitors and users. To that end, this Privacy Policy (“Privacy Policy”) describes how Jove Media, LLC, together with its affiliated companies worldwide (“Realtor Leads ”, “Realtor Leads Platform, “we”, “our”, or “us”), collect, use, and share your Personal Information, as well as an explanation of the data rights you may have in that Personal Information. This Privacy Policy applies to all Realtor Leads users, including unregistered visitors, registered users, and premium users (collectively, “Users”, “you”, or “your”), and to all Realtor Leads Platform services, including our websites (including www.realtorleadsus.com.com and any of its subdomains, the “Website”), web platform “Platform” and related services (collectively, the “Services”). This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you may have under other applicable data privacy laws.
Prior to accessing or using our Services, please read this policy and make sure you fully understand our practices in relation to your Personal Information. If you read and fully understand this Privacy Policy, and remain opposed to our practices, you must immediately leave and discontinue all use of any of our Services. If you have any questions or concerns regarding this policy, please contact us at https://sale.realtorleadsus.com/contact-us.
2. Personal Information
2.1. User information
To provide you the Services, we must collect Personal Information relating to an identified or identifiable natural person (“Personal Information”). Realtor Leads Platform collects Personal Information you provide us, from your use of the Services, and from other sources. Here are the types of Personal Information we collect about you:
Information you provide us. When you register for our Services, purchase and/or register domain names, use any of our Services; and/or when you contact us directly by any communication channel (e.g., Realtor Leads Platform’s support tickets, emails), you may provide us Personal Information, such as name, email address, phone number, payment information, Multiple Listing Service® (MLS) access, real estate agent/broker license, information you include in your communications with us and with other users on our platform, and Personal Information contained in scanned identification documents (such as an ID card, driver’s license, passport, or official company registration documents).
Information we collect when you use the Services. When you visit, download, and/or use any of our Services, Realtor Leads Platform may collect aggregated usage Personal Information, such as Visitors’ and Users’ browsing and ‘click-stream’ activity on the Services, session heatmaps and scrolls, non-identifying Personal Information regarding the Visitor’s or User’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.
Location information. Realtor Leads Platform can provide you with helpful information based on where you are. If you enable the location (e.g., by allowing your web browser to send us your location), we may use that information to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your web browser.
Information we collect from other sources. Realtor Leads Platform may receive Personal Information about you from third-party sources, such as i) security providers , fraud detection and prevention providers for example to help us screen out users associated with fraud, ii) social media platforms, when you log-in or sign-up using your social media account, we may receive Personal Information from that service (e.g., your username, basic profile Personal Information) and in some cases, we may collect Personal Information from lead enhancement companies which help us to improve our service offering; iii) advertising and marketing partners in order to monitor, manage and measure our ad campaigns.
2.2 Users of users ‘Personal Information’
Realtor Leads Platform may also collect Personal Information pertaining to visitors and users of our User’s websites or services (“Users-of-Users”), solely for and on our Users’ behalf and at their direction. For example, each of our Users is able to import their email contacts from third-party services like Gmail, or otherwise collect and manage contacts via their User Website. Such contacts are then stored with Realtor Leads Platform, on the User’s behalf.
For such purposes, we serve and shall be considered as a “Processor” and not as the “Controller” (as both such capitalized terms are defined in the European Union General Data Protection Regulation (“GDPR”)) of such Users-of-Users Information.
Real Leads cannot provide legal advice to Users or their Users-of-Users, however we do recommend that all Users publish and maintain clear and comprehensive privacy policies on their User Websites in accordance with any applicable laws and regulations, and that all Users-of-Users carefully read those policies and make sure that they understand and, to the extent required by applicable law, consent to them.
2.3. Jobs applicant information
Realtor Leads welcomes all qualified Applicants to apply to any of the open positions published at https://www.realtorleadsus.com, by sending us their contact details and CV (“Applicants Information”) via the relevant Position Application Form on our Website, or through any other means provided by us.
We understand that privacy is crucial to our Applicants, and are committed to keep Applicants Personal Information private and use it solely for Realtor Lead’s internal recruitment purposes (including for identifying Applicants, evaluating their applications, making hiring and employment decisions, and contacting Applicants by phone or in writing).
If you previously submitted your Applicants Personal Information to Realtor Leads , and now wish to access it, update it or have it deleted from our systems, please contact us at info@jovemedia.co.
3. Third Party Service Providers
Realtor Leads has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimization and marketing services, content providers, and our legal and financial advisors (collectively, “Third Party Service Provider(s)”).
Realtor Leads may share the following categories of Personal Information with Third Party Service Providers for a business purpose:
- identifiers, including name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.
- commercial Personal Information, for example Personal Information regarding products or services purchased, obtained, or considered.
Realtor Leads does not control and is not responsible for the actions or policies of any Third Party Service, and your use of any Third Party Service is at your own risk. We encourage you to review any privacy policy accompanying a Third Party Service and ask such Third Party Service for any clarifications you may need before deciding to install and/or use their services.
4. Law Enforcement, Legal Requests and Duties
Realtor Leads may disclose or otherwise allow access to any categories of your Personal Information described in this Privacy Policy pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
Protecting Rights and Safety. Realtor Leads may share any categories of your Personal Information described in this Privacy Policy if we believe in good faith that this will help protect the rights, property or personal safety of Realtor Leads, any of our Users, any Users-of-Users, or any member of the general public, with or without notice to you.
Where We Protect Your Information. Users’ and Users-of-Users’ Personal Information are stored in data centers located in the United States of America. We may use other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law.
How We Protect Your Information. Realtor Leads Platform uses security software to protect the confidentiality of your personal information. In addition, our business practices are reviewed periodically for compliance with policies and procedures governing the security and confidentiality of our information. Our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons.
5. Cookies and other Third-Party Technologies
Realtor Leads Platform and our Third Party Service Providers use cookies, web beacons, java, and other tracking mechanisms (“Cookies”) in order for us to provide our Service and ensure that it performs properly, to analyze our performance and marketing activities, and to personalize your experience.
6. Communications from Realtor Leads
6.1. Billing and service messages
Realtor Leads may contact you with important information regarding our Services. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming subscriptions; forward abuse complaints regarding your User Website; or notify you of material changes in our Services.
It is important that you are always able to receive such messages. For this reason, you are not able to opt-out of receiving such Billing and service messages unless you are no longer a Realtor Leads Platform User (which can be done by deactivating your account).
6.2. Promotional messages
We may use your Personal Information to send you promotional content and messages by email, text messages, notifications within our platform, marketing calls and similar forms of communication from Realtor Leads or our partners (acting on Realtor Leads’s behalf).
If you do not wish to receive such promotional messages or calls, you may notify Realtor Leads at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive.
7. Your rights in relation to your ‘Personal Information’
Realtor Leads claims no ownership or control over any content submitted, posted or displayed by you on or through Realtor Leads Platform. You or a third-party licensor, as appropriate, retain all ownership of patent, trademark and copyright to any content you submit, post or display on or through Realtor Leads Platform and responsibility for protecting those rights. By submitting, posting or displaying content on or through Realtor LeadsPlatform intended for public dissemination, you grant Realtor Leads a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content on Realtor Leads Platform for the purpose of displaying, distributing and promoting Realtor Leads Services. We reserve the right to syndicate content submitted, posted or displayed by you on or through Realtor Leads Services and use that content in connection with any service offered by Realtor Leads Platform. We 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 by this section to any content submitted.
8. Additional Information for California residents
If you are a California resident using the Services, the California Consumer Privacy Act (“CCPA”) grants you the right to request access to and deletion of the Personal Information Realtor Leads collects about you, as well as to request that we disclose how we collect, use, and share your Personal Information.
California residents also have a right to opt-out of the sale of their Personal Information by a business and a right not to be discriminated against for exercising any of their rights under the CCPA.
No sale of Personal Information. Realtor Leads Platform does NOT sell (as such term is defined in the CCPA) your Personal Information or your customers’ (Users-of-Users) Personal Information to third parties, and we have not sold Personal Information in the twelve-month period prior to the effective date of this Privacy Policy.
No Discrimination. We do not discriminate against any User for exercising their rights under the CCPA.
California consumers can exercise their CCPA rights directly or through an authorized agent by signing in to their registered Realtor Leads Platform account at www.realtorleadsus.com.com and following the instructions outlined below. Please note: in order to protect Users’ accounts and Personal Information and safeguard Users’ privacy rights, we verify Users’ deletion and access requests, and to that extent, we may ask you for additional information or documentation (depending on the case), such as account related information, and, in some cases, billing information used to purchase paid Services, and a copy of documents that can assist with verifying your identity.
Such identification documentation (if requested) will be used only for verification purposes and we will delete it after your request is processed.
The following instructions apply to Personal Information we may collect from California residents on or through our Services.
Right to Know. If you want to exercise your right to know or receive a copy or access the Personal Information that you have stored with us, please submit a request to access your Personal Information through our web form located at https://sale.realtorleadsus.com/contact-us.
Right to Deletion. If you want to exercise your right to request deletion of any of your Personal Information that you have stored with us, please submit a request to delete all your Personal Information through our web form located at https://sale.realtorleadsus.com/contact-us.
Once we receive and verify your consumer request, we will delete your personal information from our records unless an exception applies. We will make reasonable efforts to honor your request promptly and consistent with requirements under applicable law.
9. Questions and complaints
You can file a complaint with your local supervisory authority for data protection at any time. Please contact us first so we can try to resolve your concerns. We take every privacy complaint seriously and will make all reasonable efforts to resolve your complaint promptly and in accordance with applicable law.
If you have any questions or concerns about our collection, use or disclosure of Personal Information, or if you believe that we have not complied with this Privacy Policy or applicable data protection laws, please contact us through our web form located at https://sale.realtorleadsus.com/contact-us.
TERMS OF USE
Effective from August 23, 2021
Welcome to Realtor Leads’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.
Please see below important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible, efficient and more gratifying for everyone. Realtor Leads Platform offers a variety of services and features and part of the terms below may not be relevant to the specific services you use.
1.1. Our Purpose
Realtor Leads is an all-in-one marketing platform comprising a suite of software tools designed to fully automate every aspect of a real estate agent’s marketing efforts.
Our services offer our users the ability to create and manage their online presence, automate marketing operations, and have an overall great experience doing so – without being tech-savvy or a marketing guru.
This platform has an omnichannel functionality that adds several channels to the same automation workflow: email, newsletters, SMS, push notifications, social media, and more. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).
1.2. Legal Agreement
By using Jove Media, LLC platform, products, software, services or websites (“Realtor Leads”, “Realtor Leads Platform, “we”, “our”, or “us”), you agree to the following terms and conditions applicable to each visitor or user (“User” our “you”), and any related policies, guidelines or amendments, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). We reserve the right to update these Terms in the future. You can find the most current version of the Terms on the Realtor Leads website at https://sale.realtorleadsus.com/privacy-policy/
Jove Media, LLC, its subsidiaries, and affiliated companies (collectively “Realtor Leads “) offer its Realtor Leads Platform to you, if you have the legal capacity to enter a contract under the laws of the United States, Canada or other applicable jurisdiction. In order to access certain Realtor Leads Platform, we may require you to provide current and accurate identification, contact and other information as part of the registration process or continued use of Realtor Leads Platform. You agree to maintain the confidentiality of your account password and all activities that occur under your account. You agree to notify Realtor Leads immediately of any unauthorized use of your password or account or any other breach of security that may affect your account. Realtor Leads cannot and will not assume liability for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
Prior to accessing or using our Services, please read this Terms of Use and make sure you fully understand our practices in relation to your Personal Information. If you read and fully understand this Privacy Policy, and remain opposed to our practices, you must immediately leave and discontinue all use of any of our Services. If you have any questions or concerns regarding this policy, please contact us at https://sale.realtorleadsus.com/contact-us.
https://www.realgeeks.com/demo-terms/
https://www.idxbroker.com/terms
https://www.wix.com/about/terms-of-use
CUSTOMER SUPPORT
Realtor Leads provides customer support by email, Monday through Friday, between 8AM and 5PM EST. Realtor Leads provides technical support relating to errors in, or the improper functioning of, the services at no additional cost. Realtor Leads reserves the right to cancel and disable an account if Realtor Leads, in its sole judgment, determines that a customer or the customer’s primary contact has displayed a pattern of abusive, irrational or otherwise disruptive communication with the Realtor Leads Customer or Tech Support teams, or any other Realtor Leads employee. You may contact customer support at https://sale.realtorleadsus.com/contact-us/
APPROPRIATE CONDUCT
You understand and agree that you remain solely responsible for any information, data, text, email, listings, software, photographs, graphics, video, messages or other materials (“content”) you originate or provide Realtor Leads. Realtor Leads reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any content available via Realtor Leads Platform. You further understand that using Realtor Leads Platform may expose you to offensive, indecent or objectionable content, and thazjkhpy0at you use Realtor Leads Platform at your own risk.
You agree that you remain solely responsible for your own conduct and any content that you create, transmit or display while using Realtor Leads Platform and for any consequences that may occur as a result. You agree to use the Realtor Leads Platform only for legal and proper purposes 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 Realtor Leads Platform or servers or networks connected to Realtor Leads Platform.
In addition to and incorporated into these Terms, Realtor Leads may promulgate separate policies or guidelines to govern your use of certain specific Realtor Leads Platform.
PROPRIETARY RIGHTS
Realtor Leads’ Rights
You acknowledge and agree that Realtor Leads Platform and any necessary software used in connection with Realtor Leads Platform (“Software”) contain proprietary and confidential information 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, Realtor Leads Services or Platform, in whole or in part except as specifically authorized in writing by Reald Leads or other proper third-party rights holders.
Subject to these Terms, Realtor Leads grants you a personal, non-transferable and non-exclusive right and license to use its Platform; 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 Platform, unless permitted or required by law or expressly authorized in writing by Realtor Leads .
You agree not to use modified versions of the Platform, including without limitation for the purpose of obtaining unauthorized access to Realtor Leads Platform. Except as expressly authorized by Realtor Leads you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Realtor Leads ‘ 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 Realtor Leads Platform or Services.
Trademarks
The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA.
GRANT OF LICENSE
This License Agreement (License) permits you to use a single login, on a single domain name (URL). IDX licenses the Software 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 have a license, 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 (URLs) unless IDX specifically agrees and you order such concurrent use at an additional cost above the normal licensing fee. Each Software user must have an individual, or access as part of a group Multi-User License. You access the Software when accessed you log in via web browser or hyperlinked from any source. The software may reside (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 permitted by these Terms, IDX grants no rights 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, or (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 never to 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. If you violate these limitations, you acknowledge that we may block access to our servers and terminate your account without prior notice.
MLS DATA SERVICES
IDX provides certain services from third-party Multiple Listing Services (MLS). You agree to use such services subject to the terms and conditions set forth by each individual MLS supplier, which usually includes that you have an active membership in the MLS. You understand and agree that you have sole responsibility for any fees charged by the MLS data supplier. IDX or the MLS data supplier will provide you with documentation, contracts and fees required to participate in the MLS data services. IDX reserves the right to retain any mutually signed contracts and is not obligated to provide access to final MLS documentation or contracts. IDX expressly disclaims responsibility for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services provided by third-party MLS data suppliers. You provide access and use of MLS data services strictly at your own risk.
EMAIL SERVICES
You agree that you shall (i) not use IDX Services for “spamming,” as determined by IDX in its reasonable discretion; (ii) keep secure any identification, password and other confidential information relating to your site and shall notify IDX 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) not use the IDX Services for any unlawful purpose; (iv) not engage in any other conduct that restricts or inhibits any other person from using or enjoying IDX Services, or which, in the judgment of IDX exposes IDX or any of its customers or suppliers to any liability or detriment of any type; and (vi) remain solely responsible for obtaining, maintaining and paying for all telephone, computer hardware and other equipment needed to access and use the IDX Services.
MALWARE, SPYWARE, AND WRAPPERS
You agree that you shall not distribute, intentionally or not, malware, spyware, or other code that IDX considers a liability. IDX reserves the right to disable any account that demonstrates such behavior.
SOFTWARE AND AUTOMATIC UPDATES
These Terms and any additional terms and conditions of the end-user license agreement accompanying Software provided by IDX shall govern your use of such Software. IDX may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop IDX Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that IDX has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by IDX Services. You acknowledge that IDX may have set no fixed upper limit on the number of transmissions you may send or receive through IDX 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.
MODIFICATIONS TO SERVICE
IDX reserves the right at any time and from time to time to modify temporarily or permanently or discontinue IDX Services (in whole or part) with or without notice. You agree that IDX shall not bear any liability to you or to any third-party for any modification, suspension or discontinuance of IDX Services.
BILLING POLICIES
The fee for IDX Services comes due upon approval of the listing data display from your MLS and activation of your IDX account credentials. IDX will bill your credit card on or around the same day of the month in which your account credentials originated. (For example, if your account activated on the 25th of the month, IDX will bill your credit card on or around the 25th of each month). Services and charges will continue on a month-to-month basis, unless otherwise stated in these Terms. Payment of the monthly fee covers IDX Services for the entire monthly billing cycle, whether or not you log onto your account. IDX will not refund fees paid.
If you cancel IDX Services, please notify IDX prior to your next monthly billing date. You must initiate cancellation from your Control Panel. If for any reason you cannot cancel from your Control Panel, you may notify IDX of your intent to cancel your subscription by email (info@idxbroker.com), fax or US postal mail; however, such cancellations do not become effective until received by IDX. Please note that you cannot cancel by telephone; you must cancel in writing.
Cancelled accounts automatically terminate at the end of the current billing cycle, as long IDX receives your cancellation notice prior to the next monthly billing date (see above). Your account will remain active until terminated by the billing program. IDX does not assess a cancellation fee nor provide a refund for any unused service. Non-usage of an account does not constitute cancellation of IDX Services. Subscribers remain responsible for full payment on all accounts until properly cancelled.
TERMINATION
You may discontinue your use of IDX Services at any time. You agree that IDX may at any time and for any reason, including a period of account inactivity, terminate your access to IDX Services, terminate the Terms, or suspend or terminate your account. If terminated, IDX will disable your account and you will not have access to 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 expiration or termination.
LINKS
IDX may provide, or third-parties may provide, links to other World Wide Web sites or resources. IDX has no control over such sites and resources. You acknowledge and agree that IDX has no responsibility for the availability of such external sites or resources, and does not endorse or assume liability for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IDX has no responsibility or liability, directly or indirectly, for any damage or loss 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.
CLIENT ANNOUNCEMENTS
IDX reserves the right to publish links to customer websites and positive feedback to 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 IDX receives notice after initial publication date, we will promptly remove any notices generated from these announcements.
NEWSLETTER/UPDATE OPT-IN
You agree to allow IDX to opt you into newsletter, new feature, and other email announcements provided by IDX. You may opt-out of any such newsletter, feature or announcements at any time, by following the instructions provided at the bottom of each such publication.
CLIENT REFERRAL PROGRAM TERMS
By agreeing to these terms, you also agree to participate in the IDX, LLC Client Referral Program.
IDX will award a billing credit to your account for referrals sent through your account-specific signup URL once the referred client has successfully passed their second billing cycle. Note that IDX is not responsible for referred accounts that choose NOT to use your dedicated, account-specific URL.
The credit shall equal the dollar amount of your referral’s base subscription cost (up to $150.00 for a new HOME plan). The credit does not include any additional charges, including agent add-ons, MLS pass-through, or any other fees above and beyond your base IDX subscription cost.
IDX shall directly apply the earned credits to your account and, these credits will post to your account at your next billing cycle (this could occur during the 3rd billing cycle following the referral signup).
If you choose to suspend or terminate your service, IDX will not recognize or pay any claims for any current or previous referral credits submitted.
IDX retains the right to modify, change, discontinue or cancel this referral program at any time.
INDEMNITY
You agree to indemnify and hold IDX, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “IDX and Partners”) harmless from and against any third-party claim arising from or in any way related to your use of IDX Services, violation of the Terms or any other actions connected with use of 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. If served or notified of any such third-party claim, lawsuit or action, IDX will immediately (within reason) provide you with written notice of such claim, lawsuit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU USE IDX SERVICES AT YOUR SOLE RISK. IDX PROVIDES THE IDX SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDX EXPRESSLY DISCLAIMS 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.
IDX DOES NOT REPRESENT OR WARRANT (i) THAT IDX SERVICES WILL MEET YOUR REQUIREMENTS, (ii) IDX WILL PROVIDE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE IDX SERVICES, (iii) THE ACCURACY OR RELIABILITY OF ANY RESULTS OBTAINED FROM THE USE OF IDX SERVICES, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH IDX SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) THAT IDX WILL CORRECT ANY ERRORS IN THE SOFTWARE.
YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL THROUGH THE USE OF IDX SERVICES AT YOUR SOLE DISCRETION AND AT YOUR OWN RISK AND THAT YOU REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDX OR THROUGH OR FROM IDX SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDX SHALL NOT HAVE ANY LIABILITY 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 OR AFFILIATES 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 IDX SERVICES; OR (v) ANY OTHER MATTER RELATING TO IDX SERVICES.
EXCLUSIONS AND LIMITATIONS
IDX DOES NOT INTEND TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY, WHICH IT MAY NOT LAWFULLY EXCLUDE OR LIMIT. 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 LIMITATIONS SET FORTH ABOVE, WILL LAWFULLY APPLY TO YOU. IDX EXPRESSLY LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD PARTY BENEFICIARIES
These Terms do not create, except as otherwise expressly provided, any third-party beneficiaries.
NOTICE
You agree that IDX may notify you, including those regarding changes to the Terms, by email, regular mail or web postings on IDX Services.
GENERAL TERMS
Entire Agreement. The current version of these Terms (including any related policies, guidelines or amendments such as Program Policies and Legal Notices) constitute the entire agreement between you and IDX and govern your use of IDX Services and supersede any prior such agreements.
Choice of Law and Forum. The laws of the State of Oregon without regard to its conflict of law provisions shall govern the Terms and the relationship between you and IDX. You and IDX agree to submit to the personal and exclusive jurisdiction of the courts located within Lane County, Oregon.
Waiver and Severability of Terms. IDX’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds that any provision of the Terms unenforceable or invalid, you agree that the court should endeavor to give effect to the parties’ intentions as reflected by the invalidated provision to the maximum extent possible, and that the other provisions of the Terms remain in full force and effect.
Section Headings. IDX uses section headings in the Terms for convenience only and such headings have no legal or contractual effect.