Terms of Use for FBS Services

These terms of use apply to the use of all FBS software services, including the Flexmls® Desktop System, Flexmls® Mobile Products,  Spring™ MLS Portal,  Spring™ IDX Products, the Spark® Platform, Spark® API, and the Spark® Datamart (“Services”). Anyone using or accessing FBS Services, or any part thereof, agrees to the following Terms of Use. If you do not agree, you cannot use the Services.

Credentials. To access the Services, you must identify yourself with credentials presented uniquely to you by the MLS or FBS. You represent and warrant that any credentials or other information you present or use to access the Services will be true, current, and accurate, and you will not access the Services with false or inaccurate credentials. You will not share or lend your credentials to any third party. You agree to take reasonable precautions to prevent others from copying or using your credentials. If FBS finds someone else using your credentials, FBS may suspend your access to the Services and take reasonable action to protect the Services.

Uploading MLS Content. You further represent and warrant that you are authorized, either by ownership or license, to upload any MLS content (listings, images, documents, links, or other content) you upload to the Services for use in and by the MLS and its other members, including distribution to third parties outside of the Services and on the Internet, as outlined in the MLS Rules and Policies or as you have otherwise permitted or directed the MLS and that you will defend and indemnify FBS against any claim by a third party that you and the MLS are not properly licensed or otherwise authorized to upload the content.

Accessing MLS Content. Your access to the Services is conditioned on you having permission from the MLS whose content you are accessing. 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), you are in breach of these terms of use.

Protection of FBS Software, FBS Trademarks, and MLS Content. You agree that FBS owns the software and other intellectual property associated with the Services, and that the MLS and its licensees own the MLS content. You agree not to misuse the Services from FBS or MLS Content in any way. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software in any way. You shall not share MLS Content with third parties except as expressly provided under these Terms of Use and the MLS rules and license terms. Using the Services does not give you ownership of any intellectual property rights in the software or content you access. These terms do not grant you the right to use any FBS  branding or logos. You agree not to remove, obscure, or alter any legal notices displayed in or along with the Services.

Permitted Uses. You may use the Services only as permitted by law and your MLS. We may suspend or stop providing the Services to you if your use violates any law or if you do not comply with our terms or policies, the MLS terms or policies, or if we are investigating suspected misconduct.

API Usage. You agree to use the Spark and RESO Web API as documented by FBS at https://sparkplatform.com. You also agree not to use the Spark or RESO Web API provided as part of the Services in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this Agreement, as determined by FBS in its sole discretion. FBS may rate limit your API usage at any time and in its sole discretion.

Developer License Terms and Support. Most applications offered through the Spark Store are provided by third parties and may be licensed under separate End User License Agreements (“Developer EULAs”). If there is a conflict between the Developer EULAs and these Terms of Use, the provisions of these Terms of Use shall control.

Purchase Transactions. All purchases of applications on the Store are final. You must contact the Developer regarding billing and support issues, including with any requests for refunds. Developer contact information is available in the Store.

Application Support, Refund Requests Through Developer Only. Developers are solely responsible for support and maintenance of their applications. FBS and MLS shall have no obligation or responsibility to provide support or maintenance for applications. You must contact the developer regarding billing and support issues for any application, including with requests for refunds. You may find developers’ contact information in the Store or in the application.

Third Party Beneficiary (MLS). You acknowledge and agree that MLSs providing MLS Content through Applications under these Terms of Use shall be third party beneficiaries to these Terms of Use and shall be entitled to directly enforce, and rely upon, any provision of these Terms of Use that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms of Use.

Indemnities. If anyone else makes a claim against FBS as a result of your use of the Services, you agree to defend and indemnify FBS against such claims and all expenses related to defending such claims, including attorney fees. Similarly, FBS represents that it has the right to provide the Services to you and will defend and indemnify you against any claims that the software is not owned or validly licensed by FBS.

Dispute Resolution. 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, and you consent to jurisdiction in those courts.

YOU ACCEPT THE SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND FROM FBS. THE ONLY REPRESENTATIONS OR WARRANTIES FROM FBS ABOUT THE SERVICES ARE TO YOUR MLS IN THE LICENSE AGREEMENT THE MLS HAS WITH FBS. FBS MAKES NO REPRESENTATIONS ABOUT WHETHER THE SYSTEM WILL MEET YOUR SPECIFIC NEEDS AND FBS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FBS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FBS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES OR YOUR MLS PAID TO US ON YOUR BEHALF TO USE THE SERVICES.

IN ALL CASES, FBS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.