Terms of Service (TOS)

Terms of Service

UPDATED: December 21, 2015

By using this website (the “Site”), IDX+, or any other products and services provided through this Site, you (“you,” “your,” or “User”) agree to the following terms and conditions provided by Talega Properties LLC (“Talega,” “us,” “our,” “we”, or “Talega Systems”). This Agreement between us and User supersedes all previous written and oral agreements, representations, and warranties. If you do not wish to agree to these terms of service (the “TOS” or “Agreement”), please refrain from using the Site and our products and services.

Please note: In this document the terms “upgrades” and “updates” are synonymous. The term “support” only refers to technical support.

1. General
Talega owns and licenses the IDX+ plugin for use on WordPress-based real estate websites. We provide support and updates in addition to the plugin, based on the license purchased. We also provide other software product licenses and extension licenses for our software products, each of which has with each having its own license for updates and support.

You must have the dsIDXpress plugin on your website to use IDX+. The dsIDXpress plugin is owned by Diverse Solutions, a Zillow company and is not affiliated with Talega.

Users also have access to the IDX+ closed Facebook Mastermind Group and the IDX+ Forums where you may interact with other IDX+ users.

2. User Conduct
All Users are required to abide the following rules of conduct.
• You must provide accurate information on your User profile.
• You are responsible for protecting your IDX+ support and maintenance license key. Do not share this information with others.
• IDX+ Forums and Facebook Mastermind Group should only be used for professional purposes.
• Your subscription gives you permission to use IDX+ on your site for a finite period defined in the license terms. Do not attempt to copy, distribute, reverse engineer, or make derivative works based on our intellectual property.
• You may not use this Site or our products and services to abuse, harass, or defame anyone.
• You may not use this Site or our products and services to do anything unlawful, misleading, malicious, or discriminatory.
• You may not post spam or upload viruses or other malicious code to this Site or the IDX+ Facebook Mastermind Group. You may not do anything that is designed to disable, overburden, or interfere with the normal working of the Site.
• You may not use IDX+ to violate anyone’s intellectual property rights.

We have no obligation to monitor the Site, but we can, and we may remove anything that a User posts for any or no reason. Allowing a User to use IDX+ is not an endorsement by Talega of that User’s skills, qualifications, or expected performance. Users are not employees, independent contractors, or agents for us.

3. IDX+ Plugin Subscription
The IDX+ plugin is available by subscription only, by purchasing a license. Please see our Buy Now page for our current offers. Payments are processed using Stripe, PayPal, and Easy Digital Downloads. At the end of your subscription period, you will need to renew your subscription to continue to receive updates and support. If you do not renew your subscription, you may continue to use IDX+ on your site, but you will not be eligible to receive updates or support until you purchase another subscription. Without updates, your version of IDX+ may fail to perform properly due to conflicts with new versions of WordPress and/or other plugins. By purchasing an IDX+ subscription for a license, you agree to abide by these sites’ terms as well. We never have access to your credit card information.

We reserve the right to modify or discontinue any license at any time. Prices of all products and services are subject to change at any time.

Subscriptions can be canceled at any time. We will consider issuing a refund if requested within the first fifteen days after purchasing a license.

4. IDX+ Plugin License
By purchasing a license to use the IDX+ plugin, you will be granted a limited, non-exclusive, non-sublicenseable, subscription-based license to use this plug-in on the number of websites indicated in your license. This license is intended to be used solely on the license holder’s website(s). You may not resell or distribute your IDX+ plugin license. The license key is only transferable by contacting us and requesting an official transfer of the license to a new owner. Transfers are subject to a $100 license transfer fee per activated site. The license expiration date is defined in your license terms. With the purchase of any license from Talega, you grant Talega the right to monitor use of its licenses at any time without notice.

The license for support and updates is separate from the license for the plugin itself. The support and updates license is also limited, non-exclusive, non-sublicenseable, subscription-based. You may not resell or share access to your support license key.

5. Support
Technical support is available to Users who purchase support services from us. All requests for support and maintenance assistance must be submitted through our Forums.

Talega makes no promises or guarantees regarding the time needed to resolve support issues. IDX+ support issues involve many components, including WordPress and dsIDXpress, which may require significant time to research, analyze, test, and release updates.

Users must deactivate all plugins on their site except dsIDXpress and IDX+ prior to submitting a support request to determine if another plugin is causing problems with IDX+.

Users may not post content from the support Forums on any external websites, except for the IDX+ Facebook Mastermind Group.

6. IDX+ Beta Product
The IDX+ beta product version 2.4 and prior versions were discontinued in July 2015. Per the previous license, we will provide free upgrades to beta users for the duration that they own the product. We will provide free support for this product for 2 years from the date of purchase as promised in the previous terms of service. Additional support licenses are available for purchase.

7. Links
We may provide links to other websites on this Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which we provide a link. User assumes all risk by following a link. Talega provides no guarantee that any website it links to will be accurate or available.

8. Intellectual Property
Talega retains all intellectual property rights in IDX+ and all its content published on this Site. Users may request permission to use or repurpose our content by contacting us at admin@talegasystems.com.

“IDX+” and its logo are trademarks owned by Talega and may not be used without our explicit written permission.

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.

9. Digital Millennium Copyright Act (DMCA) Policy
Talega will comply with any properly submitted DMCA takedown and counter takedown notices we receive (17 U.S.C. § 512). If you believe that your copyrighted work has been copied and posted on the Site in a way that constitutes copyright infringement, you must contact our DMCA Agent at the following address: Talega Properties, LLC; Talega Systems Division Attn: DMCA/Copyright Agent; 6767 West Tropicana, Suite 229, Las Vegas, NV 89103 or support@idxplus.net.

10. Indemnification
User agrees to defend, indemnify, and hold harmless Talega, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by User in connection with the Site.

To the extent permitted under applicable laws, User hereby releases Talega from any and all claims or liability related to any product or service provided through the Site, and any conduct or speech, whether online or offline, of any other User.

11. Dispute Resolution
By using this Site, User agrees that any claim, dispute, or controversy User may have against us arising out of, relating to, or connected in any way with this Agreement, or this Site, shall be resolved exclusively in a court located in Clark County, Nevada. Nevada law shall govern all disputes related to this Site. Additionally, the User agrees that the most the User can collect from us in damages is the amount paid to Talega for subscription fees.

In all claims, disputes, and controversies related to this Agreement or this Site, the prevailing party’s attorneys’ fees will be paid by the other party in addition to any damages assessed against them. User agrees they may not bring a claim on behalf of themselves and shall not file a class action lawsuit against Talega.

12. Modified Terms of Service
We reserve the right at any time to discontinue this Site, change the services provided through this Site, or modify any of our TOS as we deem necessary or desirable. We may notify Users of changes by posting notice of a change on the Site. Changes to this Agreement may occur, however, without notice. Any changes to this Site or the TOS will be effective upon the changes being made to this Site. Continued use communicates acceptance by User of the new services and/or TOS.

If we are changing our product offerings or subscription prices, we will post notice of the expected changes 30 days prior to these changing going into effect.

We suggest, therefore, that you re-read our TOS periodically in order to stay informed as to any such changes. The date at the top of this Agreement will inform you of the date of the most recent change. Any use of the Site by User after the changes shall be deemed to constitute acceptance by User of such modifications.

13. Warranty Disclaimer
USER EXPRESSLY AGREES THAT USE OF THIS SITE AND ITS PRODUCTS AND SERVICES ARE AT USER’S SOLE RISK. NEITHER TALEGA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TALEGA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

14. Limitation of Liability
IN NO EVENT SHALL TALEGA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.

15. Disclosures
Questions and complaints may be sent to Talega Properties LLC at 6767 West Tropicana, Suite 229, Las Vegas, NV 89103 or via email at support@idxplus.net.

16. Communication with Users
By purchasing a license, you give us consent to communicate with you using the contact information you provided. We may contact you for various reasons, including but not limited to, information about changes to our Site and/or services. We promise we will never spam you.

17. Privacy Policy
We have the utmost respect for your privacy. We will use the information collected from you to improve our services, which may require us to share aggregate user data (no personal information) with third party analytic service providers. We want to know what aspects of the Site are most used and where we can improve our services. In the event that we sell the business or this Site, that sale will include all User information we’ve obtained via this Site. We will never spam you or sell your information to a third party for other purposes.

You must provide the following information to purchase a license: name and email address. We protect user information with the iThemes Security plugin. We may share your information with a third party if we have a good-faith belief that sharing the information is necessary to comply with a law, regulation, or enforceable government request; to investigate potential violations or technical issues on our website; or to protect against harm to our Users, or our affiliates’ rights, property, safety, or to the public as permitted by law.

18. Miscellaneous
This Agreement shall constitute the entire agreement of the parties with respect to the subject matter in this document. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.

19. Termination
Talega may terminate this Agreement with any User at any time for violations of the Site’s Terms of Use. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any User subscriptions in the event of any conduct by User or which Talega in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

Termination may occur without notification and without a refund to the User. The provisions of the following sections will survive termination of this Agreement: User Conduct, Intellectual Property, Indemnification, Dispute Resolution, Warranty Disclaimer, Limitation of Liability, Privacy Policy, and Miscellaneous. Talega shall not be liable for any damages for terminating a User.