Anyone using a flexmls IDX smart frame or link on their web site, the Flexmls IDX API, the Flexmls IDX WordPress Plugin, Flexmls IDX Mobile, or the Flexmls IDX API, agrees to the following Terms of Use in addition to the Flexmls IDX API Terms of Use and, for the WordPress Plugin, the GNU GPL.

flexmls® IDX from FBS is a limited, non-exclusive software license allowing you to create multiple links to the flexmls IDX search and listing display function (“IDX link”) for use on your own web site. The license is only for FBS’s software and is conditioned on you having permission from your MLS to display the IDX data and images for your MLS. If you don’t have permission from the MLS or violate the terms of the license from the MLS (such as by sharing your MLS credentials with anyone, including your developer), you also are in breach of these terms of use. If you need help creating the links, please contact FBS or your local MLS.

You must pay the annual licensing fee in advance. Within 30 days of your purchase, you can cancel the license for any reason and we’ll refund your full license fee. After 30 business days, the annual license fee is not refundable and you accept the service as is. The license will renew automatically each year on the anniversary of the purchase, unless you let us know 30 days in advance that you don’t want the license to renew.

You can put the IDX links on your real estate sales web site to allow consumers to search for IDX listings from your site. If you own more than one web site (domain) in your real estate sales business, you can put the links on such other sites as well, but they all must be owned and controlled by you for your real estate sales business. You can’t use the links for any other purpose.

You agree that FBS owns the software that produces the links and that you won’t do anything to take away from our ownership of the software. For example, you can’t sell, give or copy the IDX links (or the software, data or images accessible at the links) to anyone else for any use, and you agree to take reasonable precautions to prevent others from copying or using the IDX links. If FBS finds someone else using your IDX links, FBS can terminate your license and take whatever action we need to protect our software.

If anyone else makes a claim against FBS as a result of your use of the IDX links, you agree to defend and indemnify FBS against such claims. Similarly, FBS represents that it has the right to license the links to you and will defend and indemnify you against any claims that the software is not owned or licensed by FBS.

If there’s a dispute over these terms of service or FBS’s or your performance under the terms, you agree the dispute will be resolved in state court in Fargo, North Dakota, according to North Dakota law.

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