Terms of Service


This legal notice applies to all proprietary material available through this Internet site, www.idxnw.com, search.idxnw.com, photos.idxnw.com and mail.idxnw.com, hereafter referred to as "this Site."


ACCEPTANCE OF TERMS.

Your use of this Site and the services and materials that IDX Northwest, LLC, hereafter referred to as "IDXNW", provides to you on this website ("Site") are subject to the following terms of service ("Terms").  IDXNW reserves the right to update these Terms at any time without notice to you.  The most current version of the Terms can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of IDXNW Web pages.  By using this Site, you hereby acknowledge acceptance of these Terms.


DESCRIPTION OF SERVICES.

IDXNW provides you with access to a variety of resources, including tools, download areas, communication forums, materials, content, graphics, photographs and product information (collectively "Services").  The Services, including any updates, enhancements, new features, and/or the addition of any site features are subject to the Terms.


REAL ESTATE SERVICES.

The owners, employees, contractors or other agents of IDXNW may be licensed real estate brokers operating in Washington and/or other states.  IDXNW does not sponsor, endorse or recommend the services of any individual real estate broker, agent or affiliated service provider and consumers are encouraged to use their best judgment when selecting an individual to represent or assist with their specific real estate needs.

It is understood and agreed by all parties that by subscribing to our products as a client or accessing our products as a web user that no indirect or implied agency relationship is created unless there is a signed agreement directly between the parties.  By entering personal information into a web form, contacting us by telephone, or by email to subscribe to our services, website users may make requests for home tours, real estate agent contact, help selling or buying a home, or other requests.  The website user authorizes IDXNW to share the user's personal information with our client(s) with which they have initiated a relationship in order to satisfy the user's request.  When website users make such requests to IDXNW they are extending an express invitation for IDXNW, or another appropriate entity or person, to contact the user.


ACCEPTABLE USE POLICY.

As a provider of Internet access, website hosting, and other Internet-related services, IDX Northwest offers its customers, their customers, and end-users (collectively known as "Subscribers"), the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. IDXNW respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, IDXNW reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, IDXNW has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing IDXNW's services. This AUP will be revised from time to time. A customer's use of IDXNW's services after changes to the AUP are posted on IDXNW's website, www.idxnw.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.


One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Subscribers obtain information through the Internet, they must keep in mind that IDXNW cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Subscribers may acquire. For this reason, the Subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because IDXNW cannot monitor or censor the Internet, and will not attempt to do so, IDXNW cannot accept any responsibility for injury to its Subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.


When Subscribers disseminate information through the Internet, they also must keep in mind that IDXNW does not review, edit, censor, or take responsibility for any information its Subscribers may create. When Subscribers place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over IDXNW's network and may reach a large number of people, including both Subscribers and nonsubscribers of IDXNW, Subscribers' postings to the Internet may affect other Subscribers and may harm IDXNW's goodwill, business reputation, and operations. For these reasons, Subscribers violate IDXNW policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:


Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "Spamming"). It is not only harmful because of its negative impact on consumer attitudes toward IDXNW, but also because it can overload IDXNW's network and disrupt service to IDXNW Subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, IDXNW has the discretion to determine from all of the evidence whether the email recipients were from a "Confirmed Opt-in" email list. With Confirmed Opt-in (also called Closed-Loop Opt-in) the email recipient has verifiably confirmed permission (also known as "Verifiable Confirmation Information") for the address to be included on the specific mailing list, by confirming (responding to) the list subscription request verification. This is the standard practice for all responsible Internet mailing lists, as it ensures users are properly subscribed, from a working address, and with the address owner's consent. IDXNW reserves the right to request from Subscriber the Verifiable Confirmation Information and to verify this information with the email recipient. Further, spam does not have to be sent from the Subscriber account or IDXNW's network to violate IDXNW policy. Email sent by or through a third party that advertises or otherwise directs traffic or links to the Subscriber website or Subscriber account will be held to the same standard as those emails sent directly by Subscriber. The use of email lists obtained or purchased from a third party must also be verifiable by Subscriber to meet the requirements of Confirmed Opt-in with Verifiable Confirmation Information that recipient has opted-in to email from Subscriber.  In layman's terms, if you send spam through our servers or we find a website we host advertised in a spam email sent through another server we'll terminate your service immediately and then the lawyers will get involved... DON'T DO IT!


Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. IDXNW is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also IDXNW's policy to terminate the privileges of customers who commit repeat violations of copyright laws.


Obscene Speech or Materials -- Using IDXNW's network to advertise, transmit, store, post, display, or otherwise make available obscene speech or material. The definition of such behavior remains solely at the discretion of IDXNW and is not open to appeal.


Child Pornography -- Using IDXNW's network to advertise, transmit, store, post, display, or otherwise make available child pornography. IDXNW has a no tolerance policy for child pornography, and accounts reported to IDXNW as potentially containing child pornography will be immediately disabled and reported to the NCMEC. IDXNW is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through IDXNW's network.


Defamatory or Abusive Language -- Using IDXNW's network as a means to transmit or post defamatory, harassing, abusive, or threatening language. The definition of such behavior remains solely at the discretion of IDXNW and is not open to appeal.


Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.


Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "Hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).


Security Scans -- IDXNW understands the needs of our Subscribers to meet certain industry requirements that require Subscriber or a third party engaged by Subscriber to conduct security scans of the Subscriber account or website. All such scans must be coordinated in advance with IDXNW. Requirements for conducting any scan on IDXNW's network can be obtained from abuse@idxnw.com. Failure to coordinate and meet all requirements prior to scanning is a violation of IDXNW policy.


Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.


Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. This can include failure to update software used on Subscriber account or website that is known to be vulnerable to malicious activity or exploitation. IDXNW also expects Subscriber to use secure passwords to protect Subscriber account and associated email accounts. Use of passwords deemed by IDXNW to be insecure are a violation of IDXNW policy.


Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.


Usenet Groups -- IDXNW reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.


Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.


Other Activities -- Engaging in activities, whether lawful or unlawful, that IDXNW determines to be harmful to its Subscribers, operations, reputation, goodwill, or customer relations.


As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the Subscriber. IDXNW will not, as an ordinary practice, monitor the communications or content of its Subscribers to ensure that they comply with IDXNW policy or applicable law. When IDXNW becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.


IDXNW also is aware that many of its Subscribers are, themselves, providers of Internet services, and that information reaching IDXNW's facilities from those Subscribers may have originated from a customer of the Subscriber or from another third-party. IDXNW does not require its Subscribers who offer Internet services to monitor or censor transmissions or websites created by customers of its Subscribers. IDXNW has the right to directly take action against a customer of a Subscriber. Also, IDXNW may take action against the IDXNW Subscriber because of activities of a customer of the Subscriber, even though the action may effect other customers of the Subscriber. Similarly, IDXNW expects that Subscribers who offer Internet services will cooperate with IDXNW in any corrective or preventive action that IDXNW deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of IDXNW policy.


IDXNW also is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, IDXNW urges its Subscribers to assume that all of their on-line communications are insecure. IDXNW cannot take any responsibility for the security of information transmitted over IDXNW's facilities.


IDXNW will not intentionally monitor private electronic mail messages sent or received by its Subscribers unless required to do so by law, governmental authority, or when public safety is at stake. IDXNW may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, IDXNW may disclose information, including but not limited to, information concerning a Subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. IDXNW assumes no obligation to inform the Subscriber that Subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, IDXNW may disclose Subscriber information or information transmitted over its network where necessary to protect IDXNW and others from harm, or where such disclosure is necessary to the proper operation of the system.


IDXNW expects that its Subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A Subscriber's failure to comply with those laws will violate IDXNW policy. Finally, IDXNW wishes to emphasize that in signing the service agreement, Subscribers indemnify IDXNW for any violation of the service agreement, law, or IDXNW policy, that results in loss to IDXNW or the bringing of any claim against IDXNW by any third-party. This means that if IDXNW is sued because of a Subscriber's or customer of a Subscriber's activity, the Subscriber will pay any damages awarded against IDXNW, plus costs and reasonable attorneys' fees.


We hope this AUP is helpful in clarifying the obligations of Internet users, including IDXNW and its Subscribers, as responsible members of the Internet. Any complaints about a Subscriber's violation of this AUP should be sent to abuse@idxnw.com.


INFORMATION SHARING/RESELLING.

By completing your registration with IDXNW as a potential home buyer and/or seller, you understand and agree that:

By using the website and inputting personal information the user understands that we will use such information for internal purposes and with your permission or upon your request may also provide that information to affiliated companies or persons. We take care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking or software errors.


INFORMATION AGGREGATION.

IDXNW is not responsible for any errors in displayed information or delays in displaying information. All information on the website is either transmitted to us from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to our attention by sending us feedback but it is likely that such information accuracy cannot be corrected by us and the entity or person that generated the information must be appealed to. For example: Parcel data and tax records are maintained by the County and not by IDXNW.


LINKS.

Links provided on this website are put there for the user's convenience. Links may be directed to third-party content, meaning that we have no control over what is actually posted at the destination sites. IDXNW does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that we can review the content and make changes to links where necessary.


INDEMNITY.

By using this website the user agrees to indemnify IDXNW and its clients, suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out of the users use of the website. Users may not use this website for illegal, harassing, unethical, or disruptive purposes.


DISPUTE RESOLUTION.

Any claim or controversy arising out of or relating to the use of this website, to the goods or services provided by IDXNW, or to any acts or omissions for which you may contend IDXNW is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Seattle, Washington. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by IDXNW. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Seattle, Washington. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND IDXNW WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using IDXNW's goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and IDXNW, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Seattle, Washington. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.


INTELLECTUAL PROPERTY.

Unless otherwise noted, product names, designs, logos, photos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other property of referred to as "IDXNW Intellectual Property" or all other unregistered and registered trademarks are the property of their respective owners.  Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of IDXNW Intellectual Property displayed on this Site without the written permission of IDXNW.


IDXNW owns in full the copyright and all other rights to the fruits of any photography services we are hired by you to perform.  Your contract to provide such services grants you a limited, non-exlusive, non-commercial and non-transferrable license to display and publish the photos for a period of one (1) year from the date of the photo shoot after which your non-exlusive license will automatically terminate and full exclusive copyright will automatically revert to IDXNW in full.


Any software that is made available to download from this Site ("Software") is the copyrighted work of IDXNW and/or its suppliers.  Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").  An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms.


The Software is made available for download solely for use by end users according to the License Agreement.  Any reproduction or redistribution, reverse engineering, modification, disassembling or other alternation of any kind of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.


USE OF THIS SITE.

IDXNW maintains this Site in order to provide IDXNW products and services for your use.  Please feel free to browse this Site.  You may download material displayed on this Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials.  You may not, however, distribute, modify, transmit, re-use, re-post, or use the content of this Site for public or commercial purposes, including the text, images, audio and video without IDXNW written permission.  Changes periodically are made to the information contained in this Site.  


As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Services in any manner that could damage, disable, overburden, or impair any IDXNW server, or the network(s) connected to any IDXNW server, or interfere with any other party's use and enjoyment of any Services.  You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any IDXNW server or to any of the Services, through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.


PRIVACY & CONFIDENTIALITY.

When you log in, you may need to provide your name, title, email address or other information.  These actions allow IDXNW to identify you and your company.  IDXNW will not sell your information to any other businesses.  IDXNW takes significant care to ensure the security of your data and the confidentiality of your information.  Any information you provide is (a) used by IDXNW for the proper identification of you and your company benefits providers, and (b) handled in accordance with the stated and disclosed terms of your agreement with your employer and their benefits providers.  Additional information about Privacy and confidentiality is available on our Privacy Policy webpage.


NO WARRANTIES AND LIMITATION OF LIABILITY.

The materials available at this website ("Site") are for informational purposes only.


THIS SITE IS PROVIDED BY IDXNW "AS IS" WITHOUT WARRANTIES OF ANY KIND.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW IDXNW DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  


IDXNW DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM IDXNW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IDXNW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  


CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  


WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.


THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.  EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, IDXNW HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


FOR YOUR CONVENIENCE, IDXNW MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.  IDXNW DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.  PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN IDXNW SOFTWARE PRODUCTS.


IDXNW also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, browsing in this Site or your downloading of any materials, data, text, images, video or audio from this Site or any linked sites.


Company's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed as to altering such agreements.  Company further does not warrant the accuracy and completeness of any of the materials, software or services at this Site.  Company may make changes to the materials and services at this Site at any time without notice.  The materials and services at this Site may be out of date, and Company makes no commitment to update the materials and services at this Site.  Information published at this Site may refer to products, programs or services that are not available in your country.  


In no event shall IDXNW or any other party involved creating, producing, maintaining or delivering this Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from this Site.


NOTICE SPECIFIC TO MATERIALS AVAILABLE ON THIS SITE.

IDXNW AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.  ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  IDXNW AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  IN NO EVENT SHALL IDXNW AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.


THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR PRODUCTION ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  IDXNW AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.


GOVERNMENT USE.

Any Software which is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with Restricted Rights.  Use, duplication, or disclosure by the U.S.  Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is IDX Northwest, LLC, in Renton, Washington.


UNAFFILIATED PRODUCTS AND SITES.

Descriptions of, or references to, products, publications or sites not owned by IDXNW or its affiliates do not imply endorsement of that product, publication or site.  IDXNW has not reviewed all material linked to this Site and is not responsible for the content of any such material.  Your linking to any other sites is at your own risk.


COMMUNICATIONS WITH THIS SITE.

You are prohibited from posting or transmitting any spam, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  IDXNW will fully cooperate with any law enforcement authorities or court order requesting or directing IDXNW to disclose the identity of or help identify or locate anyone posting any such information or materials.


IDXNW is under no obligation to monitor this Site and thus assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on this Site.  IDXNW assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.


GOVERNING LAW.

This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of this Site shall be deemed acceptable of, the laws of the State of Washington, United States of America.  Any legal action regarding this Site shall occur in the appropriate federal or state court located in King County, Washington, or the U.S. Federal District Court in Seattle, Washington.  Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries.  References to a particular product or service do not imply that IDXNW intends to make such products or services available in such countries.


RESTRICTED RIGHTS LEGEND.

The following legend must be physically or electronically displayed on all copies of media on which the Software or any materials downloaded from our servers are stored:


CONTACT US.

To request more information, please contact IDXNW via the methods described at www.idxnw.com/about.


Date last updated: July 22, 2009
Date effective: July 22, 2009