Terms of ServiceThis Agreement is between you (a visitor to our website(s), including but not limited to www.rocketidx.com; and/or a consumer using IDX content and displays that RocketIDX licenses from Real Estate Board Multiple Listing Services® Systems (“MLS® Systems”) for their participating members), hereinafter referred to as “Licensee,” and RocketIDX (subsidiary of BX3 Interactive LLC), an Arizona corporation located at 4835 E Cactus Rd, Ste 100, Scottsdale, Arizona 85254, for use of Software and Services supplied by RocketIDX. Each of RocketIDX and Licensee is sometimes referred to herein as a “Party” and sometimes are collectively referred to herein as the “Parties.”
Whereas, the Parties desire that RocketIDX will grant, and Licensee will receive, a license to view RocketIDX websites, and/or hosted displays of licensed MLS® System content on the websites of Real Estate Board MLS® System (“Board”) members, in accordance with Board Internet Data eXchange (“IDX”) programs and under the applicable Board rules, regulations, and policies.
RegistrationIn consideration of your use of the RocketIDX Services, you represent and warrant that you are eighteen (18) years of age and you have the legal right and capacity to enter into the Terms of Service. By registering you agree to accept the terms and conditions of this Terms of Service.
User ConductYou understand and agree that all information, data, text, photographs, graphics, messages, themes or other materials (“User Content”) are the sole responsibility of the person from which such User Content originated, which means that you, and not RocketIDX, are entirely responsible for your conduct and all User Content that you upload, post, email, transmit or otherwise make available via the RocketIDX Services.
As computers and other equipment can be subject to occasions malfunction, you agree that you will not hold RocketIDX liable for any inadvertent damage to, corruption of, or destruction of any User Content. If any User Content is transmitted to RocketIDX and is damaged, lost or corrupted in any way, RocketIDX shall have no obligation or liability to you.
RocketIDX does not control the User Content posted via the RocketIDX Services and, as such, does not guarantee the accuracy, integrity or quality of such User Content. RocketIDX reserves the right, but has no obligation, to review, delete, modify or move any User Content available via RocketIDX Services, and notify the proper governmental authorities as provided by law. You understand that by using RocketIDX Services you may be exposed to User Content that you deem to be offensive, indecent or objectionable, and that you use RocketIDX Services at your own risk for your own purposes. You agree that you will not engage in any activity that interferes with or disrupts RocketIDX Services or servers or networks connected to RocketIDX Services.
Third Party WebsitesRocketIDX Services may provide or contain links to third party websites over which RocketIDX has no control, and you agree that RocketIDX does not endorse and is not liable or responsible for any content, services or other materials available on any third party website.
Prohibited UsesYou agree not to use the RocketIDX Services to upload, post, email, transmit or otherwise make available any User Content, or take any action that is unlawful or that intentionally or unintentionally violates any applicable local, state, national or international law, infringes on the rights of a third party or collect or store personal data about other users.
You agree not to interfere with the operation of the site via the use of viruses, programs or technology designed to disrupt or damage hardware or software, remove or attempt to remove any copyright, trademark, service mark or any other proprietary rights notifications contained in any materials you access or copy via the site, misrepresent yourself or represent yourself as another user on the site.
RocketIDX RightsYou understand and agree to the RocketIDX Services, and understand and agree that User Content contains proprietary and confidential information that is protected by applicable intellectual property (copyrights, trademarks, service marks, patents or other proprietary rights) and other laws and treaties. Except as expressly authorized by RocketIDX and the duly authorized third party rights holders, you agree not to violate any laws, rules, regulations or proprietary rights of any third party to the User Content and RocketIDX Services.
Your RightsRocketIDX claims no ownership or control over any User Content submitted, posted or displayed by you on or through RocketIDX Services. You or a third party licensor retain all patent, trademark and copyright to any Content you submit, post or display on or through RocketIDX Services and are responsible for protecting those rights. By submitting, posting or displaying Content on or through RocketIDX Services which are intended to be available to the members of the public, you grand RocketIDX a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such User Content on the RocketIDX Services for the purpose of displaying, distributing and promoting RocketIDX Services. You represent and warrant that you have all necessary rights and licenses to grant the license herein to any User Content submitted on the RocketIDX website.
Refund PolicyAll accounts are set up on a non-refundable basis. The accounts are billed on a monthly prepaid basis and can be terminated according to this agreement's terms and conditions.
Currency UsedAll RocketIDX transactions are banked in US Dollars (USD).
CopyrightRocketIDX respects the intellectual property of others. RocketIDX may disable or terminate the accounts of users who may be repeat infringers. If you are a copyright owner or an agent of a copyright owner and believe that any User Content or other content on the RocketIDX site unlawfully infringes upon your rights, then please provide our agent with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A description of the copyrighted work claimed to have been infringed or a representative list of such works at that site.
- Information to contact you, such as your address, phone number, and email address.
- A statement by you that use of the material is not authorized by the copyright owner, its agent or the law.
- A statement by you that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Attn: Copyright Agent
O/O BX3 Interactive
4835 E Cactus Rd, Suite 100
Scottsdale, AZ 85260
TerminationYou may discontinue your use of the RocketIDX Services at any time by providing RocketIDX with thirty (30) day advance notice. You agree that RocketIDX may at any time and for any reason, including non-payment of fees, terminate your access to RocketIDX Services, and suspend or terminate your account. In the event of any such termination, your account will be disabled and you will not have access to the RocketIDX Services, including without limitation any User Content, files or other data and content contained in your account. If the termination is for non-payment of fees, RocketIDX will allow you access upon payment of all amount owed to RocketIDX. These Terms of Service shall survive any termination of your account.
IndemnityYou agree to indemnify and hold harmless RocketIDX and its subsidiaries, affiliates, officers, directors and employees from any claim or demand, including costs, expenses and reasonable attorneys' fees, arising from your use of the RocketIDX site and services, or pertaining to any User Content you make available through the RocketIDX Services, or any violation by you of these Terms of Service, or your violation of any rights of a third party, including but not limited to claims of disparagement, libel, slander and/or ay intellectual property claims.
No Commercial Reuse of RocketIDX ServicesYou agree not to modify, copy, sell, license or otherwise exploit for any commercial purposes, any portion of the RocketIDX Services.
Limitation of LiabilityGeneral Limitation. Licensee understands and agrees that RocketIDX will not be liable for any indirect, incidental, consequential, punitive, or special damages, arising out of or relating to this Terms of Service including, without limitation, damages for loss of business profits, business interruption, loss of business information, and the like, even if such Party has been advised of the possibility of such damages. Neither Party shall be liable for any delay or failure to perform which is caused by matters beyond its reasonable control, including without limitation failure or unavailability of, or impaired access to, MLS® System Data Feeds, legal or regulatory restrictions, labor disputes, mechanical, electronic or equipment, breakdowns in facilities controlled by third parties, acts of terror, or Acts of God.
Exclusions. None of the limitations shall apply in the case of infringement of RocketIDX's, or a Board's, or a third party's intellectual property rights.
Licensee acknowledges that damages suffered by RocketIDX from unauthorized access to or display of MLS® System content, or violation of Board licenses and rules is speculative and difficult to quantify. Accordingly, as a material inducement to RocketIDX to enter into this Terms of Service, Licensee agrees that in the event of such violations, regardless of whether intentional or negligent, Licensee shall be liable to RocketIDX for liquidation of such damages in the amount of $15,000 for each such violation.
Disclaimer of WarrantyRocketIDX disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. RocketIDX does not warrant that its site information or User Content or services made available through the site, its servers or any email sent from RocketIDX are free of viruses or other potentially harmful components.
RocketIDX shall not be responsible for anything that may happen beyond its reasonable control (e.g., wars, sabotage, Acts of God, etc.) and RocketIDX shall not be liable for any damages or costs resulting from such events.
ROCKETIDX SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ROCKETIDX SERVICES IS AT YOUR SOLE RISK, AND ANY CONTENT OBTAINED THROUGH THE ROCKETIDX SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA THAT RESULTS THERE FROM. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, ROCKETIDX AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE ROCKETIDX SERVICES AND THE ROCKETIDX WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROCKETIDX DISCLAIMS ANY WARRANTY THAT (I) ROCKETIDX SERVICES OR THE ROCKETIDX WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, (II) ROCKETIDX SERVICES WILL BE TIMELY, SECURE, OR MEET YOUR REQUIREMENTS, (III) QUALITY OF THE ROCKETIDX SOFTWARE OR SERVICES WILL MEET YOUR EXPECTATIONS.
NO STATEMENTS, EITHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.