iComEx MLS IDX Terms of Service
(formerly TopAgent and TopBroker)
Terms of Use
Welcome to the iComEx MLS IDX Service provided by Internet Commerce Exchange ("iComEx"), a division of Cargo Gods, Inc. By using the Service (defined to include all properties (mobile, Web or otherwise) owned and operated by iComEx), related systems, software related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").
1. Permissible Use. As a real estate professional acting in your professional capacity, you agree to use the Services for your commercial use. The commercial use of real estate professionals is limited to providing information to consumers via the Services as a feature of a real estate web site developed, hosted and managed by iComEx. The Services may be used only for transactions in residential and commercial real estate (including rental properties) that are available as MLS listings provided by participating MLS data service providers. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals that are not available as MLS listings provided by participating MLS data service providers. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
(a) Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms iComEx, its service providers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.
(b) Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from iComEx. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.
(c) The Services may provide phone numbers that can connect you with iComEx, its service providers, or other third parties, such as real estate agents and mortgage brokers. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to iComEx or through a Calling Service, you consent to such recording and monitoring. iComEx will treat recorded calls in accordance with its Privacy Policy.
(d) All subscribers of the Services are also bound by the iComEx Web Hosting General Terms of Service, iComEx SEO General Terms of Service, iComEx Web Hosting Acceptable Use Policy, and Billing, Credit and Collections Policy as may be applicable.
3. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to iComEx in connection with the Services (your "Submission"), you grant iComEx an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. iComEx will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. iComEx may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant iComEx the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your iComEx user account or that you otherwise make available through the Services.
iComEx will not use client contact information that is submitted by end users the Services for any purpose.
You may not share your iComEx user account with others. You are responsible for all actions taken via your account. iComEx will treat your use of the Services in accordance with its Privacy Policy. Certain iComEx functionalities may involve the distribution of your Submission to third party Web sites over which iComEx has no control. iComEx is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.
4.The Role of iComEx. iComEx is NOT a licensed real estate broker in the state of Texas and does not broker real estate transactions. iComEx does not act as a real estate agent for you or any other user. iComEx does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, iComEx does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
5. Software. The Services utilizes proprietary iComEx software in connection with the Services which is the copyrighted work and intellectual property of iComEx and/or its licensors (if any). iComEx grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 1, 2, 8, and 9). You must be a current paid subscriber of the iComEx MLS IDX Service in order to use the Software or the Services.
6. Linked Materials and Third-Party Materials. The Services may include links to third-party products, services and Web sites, as well as materials provided by third parties. iComEx does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that iComEx has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your, or your client's, dealings with any third party arising in connection with the Services are solely between you, or your client, and such third party, and iComEx takes no responsibility for any damages or costs of any type arising out of or in any way connected with your, or your client's, dealings with these third parties.
7. Claims of Copyright Infringement. iComEx respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify iComEx's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By mail:
iComEx
P.O. Box 910130
Sherman, TX 75091
Attention: Copyright Agent
By e-mail:
If you give notice of copyright infringement by text e-mail, iComEx's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
8. Intellectual Property. The Services are the property of iComEx, and subject to the intellectual property rights of iComEx and its licensors. ©2006-2014 iComEx, All rights reserved. Map data ©2006-2014 Google, Inc, All rights reserved. ZIP+4 data ©2006-2014 United States Postal Service. You may not use any of iComEx's trademarks without the express written permission of iComEx. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
iComEx does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. You assume sole responsibility for all use by the general public of the Services and all compiled real estate information, including the liability and responsibility for any and all claims, demands, losses, damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, arising out of the general public’s use of the Services. you shall indemnify iComEx and its suppliers or licensors with respect thereto. Any use of the iComEx Service by you and/or the general public pursuant to this Agreement shall be at its own risk and iComEx and its suppliers or licensors shall not be responsible for any errors or omissions.
9. NO WARRANTY. ICOMEX PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICOMEX AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ICOMEX AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
10. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL ICOMEX OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ICOMEX OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
11. Changes; Discontinuance. iComEx reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to iComEx's Web sites. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. iComEx may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
12. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Grayson County, Texas for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses. The failure of iComEx to exercise or enforce any right or provision of the Terms of Service is not a waiver of such right or provision.
13. Indemnification. You agree to defend and hold iComEx, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your iComEx user account or that you otherwise make available through the Services.
14. Release. You release iComEx, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
15. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. iComEx may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. iComEx's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and iComEx with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and iComEx with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 8, 9, 10, 12 through 15.
Last Updated 8/6/12
