If you are using IDXMatrix, its products, software, services or web sites, it means that you are agreeing to the following terms and conditions,and any related policies, guidelines or amendments, including but not limited to Program Policies and Legal Notices (collectively, the "Terms and Conditions").
Ownership and confidentiality
We, IDXMatrix, own the right to update the Terms in the future. It becomes your responsibility to look for any changes being made in the Terms and Conditions section from time to time. In order to access certain IDXMatrix Services, we may in all probabilities require you to provide current and accurate identification, contact and other information as part of the registration process or continued use of IDX Services. You will be hold the sole responsibility for all the transactions done through your account. In case of any misuse, you agree to notify IDXMatrix immediately and report the same. IDXMatrix 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.
IDXMatrix offers everything a realtor needs to do the business. It provides customer support by telephone and email, 24X7. IDXMatrix provides technical support relating to errors in, or the improper functioning of, the services without charging any amount.
Cancellation of account
IDXMatrix reserves the right to cancel and disable an account if IDXMatrix, in its sole judgment through proper verification. If it determines that a customer or the customer’s primary contact has displayed a pattern of abusive, irrational or otherwise disruptive communication with the IDXMatrix Customer or Tech Support teams, or any other IDXMatrix employee, then the account without any intimation will be disabled/cancelled.
Grant of License
A single login, on a single domain name (URL) is what the licence agreement permits. IDXMatrix only licenses the Software as a single product, to an individual user, or group of users for Multiple User Licenses and Site Licenses. The Agreement requires that each user of the Software has 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 IDXMatrix 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.
Limitations on License
DXMatrix doesn’t give any right when it comes to the following. You shall abide by them and not allow anyone to do the undermentioned. (a) use, display, access, distribute, transfer, alter, or modify the licensed content, or otherwise create any derivative works of the licensed content (b) distribute, deliver, download, export, or transmit any of the licensed content, including to any 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 also agree to take all necessary steps to protect the licensed content from unauthorized access, distribution, copying or use. Usage of rogue bots, crawlers, site scrapers or any automated script/software or method is strictly prohibited as they make an attempt to mine the listing content on your own or any other accounts in the system. If any violation against these limitations happens, you accept that we may block access to our servers and termination of your account follows without any intimation.
Terms for Client Referral
Your nod to the terms and conditions will also imply that you also agree to participate in the IDXMatrix’s Client Referral Program.
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. IDXMatrix 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. The credit does not include any additional charges, including agent add-ons, MLS pass-through, or any other fees above and beyond base subscription cost of IDXMatrix.
IDXMatrix 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).
IDXMatrix will not recognize or pay any claims for any current or previous referral credits submitted, if you choose to suspend or terminate your service. IDXMatrix retains the right to modify, change, discontinue or cancel the referral program at any time without anybody’s consent.
Third-party MLS Data Services
IDXMatrix provides and facilitates few services from third-party Multiple Listing Services (MLS). You agree to use such services only after thoroughly going through the terms and conditions set forth by each individual MLS supplier, which usually includes that you have an active membership in the MLS. You will be deemed responsible for fees charged by the MLS data supplier. The documentation, contracts and fees required to participate in the MLS data services will be provided by IDXMatrix or the MLS data supplier. IDXMatrix has all the rights to retain any mutually signed contracts and is not obligated to provide access to final MLS documentation or contracts. IDXMatrix is in no way responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services provided by third-party MLS data suppliers.
- (i) Not use IDXMatrix Services for "spamming," as determined by IDXMatrix in its reasonable discretion;
- (ii) Maintain security with regards to identification, password and other confidential information relating to your site and shall notify IDXMatrix 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) In any case, will never use the IDXMatrix Services for any unlawful purpose;
- (iv) Not engage in any other conduct that restricts or inhibits any other person from using or enjoying IDXMatrix Services, or which, in the judgment of IDXMatrix exposes the company or any of its customers or suppliers to any liability or detriment of any type; and
- (vi) Be paying for all telephone, computer hardware and other equipment needed to access and use the Services.
Malware, Spyware, and Wrappers
You will never ever distribute, intentionally or otherwise, spyware, malware or other code that IDXMatrix considers a liability. If breached, the account will be disabled.
All the terms of the end-user license agreement accompanying Software provided by IDXMatrix shall govern your use of such Software. IDXMatrix without anybody’s consent may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop IDXMatrix Services, including enhanced functions, bug fixes, patches, missing plug-ins and new versions.
The fee for IDXMatrix Services purely depends on the listing data display from your MLS and activation of your IDXMatrix account credentials. IDXMatrix will bill your credit card on or around the same day of the month in which your account credentials originated. Services and charges will continue on a month-to-month basis, unless otherwise stated in these Terms. Payment of the monthly fee covers IDXMatrix Services for the entire monthly billing cycle, irrespective of your usage. In such cases, IDXMatrix will not refund fees paid.
If you happen to cancel IDXMatrix Services, please notify 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 the company of your intent to cancel your subscription by email, fax or US postal mail; however, such cancellations do not become effective until received by IDXMatrix. Cancellation will never happen on phone, but writing.
Cancelled accounts automatically terminate at the end of the current billing cycle, as long IDXMatrix receives your cancellation notice prior to the next monthly billing date. Your account will remain active until terminated by the billing program. IDXMatrix does not assess a cancellation fee nor provide a refund for any unused service. Non-usage of an account does not constitute to cancellation of IDXMatrix Services. Subscribers need to pay full fee until cancelled properly.
You can use or discontinue using IDXMatrix Services at any time. You agree that IDXMatrix may at any time and for any reason, including a period of account inactivity, terminate your access to IDXMatrix Services, terminate the Terms, or suspend or terminate your account. IDXMatrix will disable your account and you will not have access to IDXMatrix Services, your account or any files or other content contained in your account, if terminated. 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.
IDXMatrix will provide, or third-parties may provide, links to other World Wide Web sites or resources, with no control over such sites and resources. So, it’s your responsibility to acknowledge and agree that IDXMatrix has no responsibility for the availability of such external sites or resources, and does not endorse or assume liability for any advertising, products, content or other such materials on or available from such sites or resources. Moving further, you also acknowledge and agree that IDXMatrix 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 text or content, and even services available on or through any such site or resource.
IDXMatrix has all the rights 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. You have to notify in advance if you are reluctant to quote your positive experiences or announce your use of our service. If notice is received, any experiences, if published, will be promptly removed without any delay.
Compensation towards loss and damage
IDXMatrix, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "IDXMatrix and Partners") are never responsible for any financial loss in the business. Third-party claim arising from or in any way related to your use of IDXMatrix Services will not be entertained including 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, judgements, litigation costs and attorneys' fees, of every kind and nature. If served or notified of any such third-party claim, lawsuit or action, IDXMatrix will immediately provide you with written notice that no claims will be considered of such claim, lawsuit or action.
IDXMatrix, in all cases, will notify you, including those regarding changes to the Terms, by email, regular mail or web postings on IDXMatrix Services.
Nonexisting third-party beneficiaries
The terms neither create nor provide any scope for third-party beneficiaries.