- Locator IDX XML Data Feed AgreementThis Locator IDX XML Data Feed Agreement is entered into by and between Rental Advisors, LLP, doing business as Locator IDX, and the subscriber who purchases, accesses, uses, installs, imports, downloads, displays, or allows an authorized contractor to access the Locator IDX XML Data Feed.
By purchasing, accessing, using, installing, importing, downloading, displaying, or allowing an authorized contractor to access the Locator IDX XML Data Feed, Subscriber agrees to this Agreement.
- Product
The Locator IDX XML Data Feed is a subscription-based data feed provided by Rental Advisors through Locator IDX.
The basic Locator IDX XML Data Feed is included with the $99 monthly Locator IDX subscription, unless otherwise agreed in writing.
The basic Locator IDX XML Data Feed includes property listing data in XML format and one Featured Image URL per property.
The feed may include property listing information such as property name, management company, floor plan information, pricing, square footage, property website, phone number, property email address, property description, amenities, fees, pet policy, parking information, washer and dryer information, location data, neighborhood, market, latitude, longitude, and other property listing fields made available by Rental Advisors.
The basic Locator IDX XML Data Feed does not include image gallery access, full photo gallery URLs, raw image strings, bulk image access, downloadable image libraries, commission rates, property photo library access, website development, website hosting, website maintenance, search engine optimization services, marketing services, or lead generation services.
Rental Advisors may update, modify, add, remove, or change the format, fields, frequency, availability, and composition of the Locator IDX XML Data Feed at any time.
- License Grant
Subject to Subscriber’s continued payment and compliance with this Agreement, Rental Advisors grants Subscriber a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Locator IDX XML Data Feed during the active subscription term.
This license allows Subscriber to download, import, store, refresh, and display the Locator IDX XML Data Feed for Subscriber’s own apartment locating business, subject to the restrictions in this Agreement.
This license is limited to Subscriber’s own approved website, approved internal database, approved customer relationship management system, or approved apartment locating platform.
No ownership rights are transferred to Subscriber. All rights not expressly granted in this Agreement are reserved by Rental Advisors.
- Approved Use
Subscriber may use the Locator IDX XML Data Feed only for Subscriber’s own apartment locating business.
Approved use includes:
- Downloading the XML feed.
- Importing the property listing data into Subscriber’s approved website.
- Storing the property listing data in Subscriber’s approved internal database, approved customer relationship management system, or approved apartment locating platform.
- Refreshing the data on a recurring basis.
- Displaying apartment listings to website visitors, leads, contacts, renters, tenants, and prospective renters.
- Publishing apartment lists for leads, contacts, renters, tenants, and prospective renters.
- Displaying one featured Image with the corresponding property listing from the Locator IDX XML Data Feed.
- Allowing Subscriber’s employees, sponsored agents, and authorized contractors to use the data solely for Subscriber’s own apartment locating business.
Subscriber may not use the Locator IDX XML Data Feed for any purpose not expressly permitted by this Agreement.
- Domain Restriction
Subscriber may use the Locator IDX XML Data Feed on one website, domain, server, platform, or internal system controlled by Subscriber.
Use on more than one website, domain, server, application, database, platform, internal system, or customer account requires prior written approval from Rental Advisors. Use across multiple business entities, brokerages, teams, or brands also requires prior written approval.
Rental Advisors may suspend or terminate access if the Locator IDX XML Data Feed is used outside the approved domain, approved system, or approved use.
- Authorized Contractors
Subscriber may allow authorized contractors to access the Locator IDX XML Data Feed solely for the purpose of installing, mapping, importing, displaying, scheduling, maintaining, or troubleshooting the feed for Subscriber’s approved use.
Subscriber is fully responsible for all acts, omissions, errors, breaches, violations, resale, redistribution, sublicensing, sharing, export, copying, misuse, unauthorized access, or unauthorized use by Subscriber’s authorized contractors.
Subscriber may not allow any contractor, developer, vendor, marketing agency, website company, data vendor, software provider, or third party to use the Locator IDX XML Data Feed for that party’s own benefit or for the benefit of any other customer, client, website, database, product, platform, or service.
- Data Use and Restrictions
Subscriber is permitted to download, import, store, refresh, and display the property listing data included in the Locator IDX XML Data Feed for Subscriber’s own apartment locating business.
Subscriber may use the Locator IDX XML Data Feed to populate Subscriber’s approved website, approved internal database, approved customer relationship management system, or approved apartment locating platform, provided the use is limited to Subscriber’s own apartment locating business and does not make the data available for resale, redistribution, sublicensing, syndication, or use by third parties.
Subscriber may not sell, resell, sublicense, syndicate, publish, distribute, lease, transfer, assign, share, export, or otherwise make available all or any portion of the Locator IDX XML Data Feed to any third party.
Subscriber may not sell access to the Locator IDX XML Data Feed or any copied, imported, refreshed, exported, modified, reformatted, or derivative version of the data as a product, subscription, service, database, feed, export, software feature, application, platform, marketplace, directory, or listing system.
Subscriber may not use the Locator IDX XML Data Feed to create, support, enhance, populate, maintain, or operate any competing apartment database, apartment listing platform, apartment data subscription, apartment search product, or apartment locating software. This includes any data resale product, lead resale product, marketplace, directory, application, or service that is sold, licensed, offered, or made available to other apartment locators, brokerages, agents, vendors, customers, or third parties.
Subscriber may not use one Locator IDX subscription to support multiple apartment locating businesses, brokerages, teams, brands, websites, platforms, databases, customer accounts, or third party customers without prior written approval from Rental Advisors.
Subscriber may not share the feed URL, access credentials, XML file, imported database, copied data, refreshed data, exported data, reformatted data, modified data, derivative data set, or any portion of the data with any third party except authorized contractors who need access solely to implement the feed for Subscriber’s approved use.
- Featured Image License
The basic Locator IDX XML Data Feed includes one featured Image URL per property.
Subscriber may download, import, store, and display the featured Image only in connection with the corresponding property listing from the Locator IDX XML Data Feed and only for Subscriber’s own apartment locating business.
Subscriber may use the featured Image on Subscriber’s approved website, approved internal database, approved customer relationship management system, or approved apartment locating platform, provided the featured Image is used only with the corresponding property listing and is not sold, sublicensed, redistributed, syndicated, packaged, or used as part of a separate image library or competing product.
The inclusion of a featured Image URL does not transfer ownership of the image and does not grant Subscriber rights to any additional Rental Advisors images, image galleries, image strings, raw image files, image archives, or photo library assets.
Subscriber may not use a featured Image separate from the corresponding property listing, use a featured Image for unrelated marketing, use a featured Image after termination of the subscription, or use a featured Image in any way that suggests ownership of the image by Subscriber.
- Image Restrictions
The only image included in the basic Locator IDX XML Data Feed is the featured Image.
Subscriber may download, import, store, and display the featured Image as part of Subscriber’s approved use of the corresponding property listing.
Subscriber may not use the featured Image to create, support, enhance, populate, maintain, or operate a separate image library, photo database, apartment media archive, competing apartment database, apartment listing platform, apartment data subscription, image resale product, or third party product.
Subscriber may not sell, sublicense, syndicate, redistribute, package, publish, transfer, or make the featured Image available to third parties except as part of Subscriber’s own approved apartment listing display.
- No Gallery or Bulk Image Access
The basic Locator IDX XML Data Feed does not include image gallery access, full photo gallery URLs, image strings, raw image file lists, bulk image downloads, downloadable image folders, image archives, or property photo library access.
Any future image gallery access, bulk image access, image download license, image archive license, or other expanded image use must be agreed to in a separate written agreement approved by Rental Advisors.
No oral statement, website statement, sample file, prior version of the feed, prior product page, previous technical configuration, or previous access to images grants Subscriber any gallery, bulk image, download, archive, or photo library rights.
- Technical Responsibility
Subscriber is solely responsible for hiring, supervising, managing, and paying any developer, contractor, website company, marketing agency, software vendor, or third party needed to install, map, import, display, schedule, maintain, troubleshoot, repair, or remove the Locator IDX XML Data Feed from Subscriber’s website, database, customer relationship management system, apartment locating platform, or internal system.
Rental Advisors is not responsible for Subscriber’s website, website theme, server, hosting, plug ins, import tools, database, mapping configuration, display layout, search functionality, website speed, website errors, future import schedule, developer performance, data loss, duplicate records, broken imports, failed imports, field mapping errors, or platform compatibility.
Rental Advisors is not responsible for changes to the design, layout, formatting, performance, function, ranking, traffic, or appearance of Subscriber’s website after the data is imported or displayed.
Rental Advisors may provide documentation, support resources, or general guidance, but any such assistance does not make Rental Advisors responsible for Subscriber’s website, database, platform, import process, or implementation.
- Payment
Subscriber shall pay Rental Advisors the monthly subscription fee for Locator IDX.
Unless otherwise agreed in writing, the basic Locator IDX subscription is $99 per month and includes access to the Locator IDX XML Data Feed with one featured Image URL per property.
Payment is due every thirty days by credit card, debit card, or another payment method approved by Rental Advisors.
The monthly subscription fee is due regardless of whether Subscriber installs, imports, displays, disables, removes, pauses, misconfigures, or fails to use the Locator IDX XML Data Feed.
Rental Advisors may change pricing with advance notice to Subscriber.
If payment fails, Rental Advisors may suspend or terminate access to Locator IDX, the Locator IDX XML Data Feed, and any related services.
- Cancellation and Termination
Subscriber may cancel the subscription in writing before the next billing date using the cancellation method provided by Rental Advisors.
Upon cancellation, termination, expiration, suspension, or nonpayment, Rental Advisors will disable access to the Locator IDX XML Data Feed. Once access is disabled, the data feed URL may return blank, inactive, unavailable, or otherwise stop providing downloadable data until the subscription is active and payment is current.
Subscriber may not continue refreshing, updating, importing, downloading, or newly accessing the Locator IDX XML Data Feed after cancellation, termination, expiration, suspension, or nonpayment.
Cancellation, termination, expiration, suspension, or nonpayment does not require Subscriber to remove property listing content that was previously and lawfully imported into Subscriber’s approved website, database, CRM, or platform during the active subscription term. However, Subscriber may not continue to represent that the content is current, refreshed, updated, or actively powered by Locator IDX after feed access has been disabled.
Rental Advisors may immediately suspend or terminate access if Subscriber or its authorized contractors violate this Agreement, misuse the Locator IDX XML Data Feed, exceed the approved use, use the feed on an unauthorized domain or system, fail to pay, resell the data, redistribute the data, sublicense the data, share the data with third parties, use the data to support a competing product, or engage in conduct that threatens the integrity, security, ownership, or value of Rental Advisors’ data, systems, or business.
- No Refunds
All payments are final and nonrefundable.
Subscriber is not entitled to a refund if Subscriber never implements the Locator IDX XML Data Feed, installs it incorrectly, hires the wrong developer, disables it, removes it, fails to schedule future imports, maps fields incorrectly, changes website platforms, experiences website errors, cancels during a billing period, or fails to generate leads, traffic, commissions, or revenue.
The subscription fee pays for access to Locator IDX and the Locator IDX XML Data Feed, not for successful installation, website performance, search engine ranking, lead generation, or business results.
- No Guarantees
Rental Advisors does not guarantee website traffic, search engine ranking, indexing, visibility, lead volume, lead quality, conversion rate, lease volume, commissions, revenue, website performance, search performance, data completeness, data accuracy, property participation, property availability, property pricing, rent accuracy, special accuracy, fee accuracy, or uninterrupted access.
Apartment data may change frequently. Rental Advisors may update the Locator IDX database regularly, but Rental Advisors does not guarantee that all property information is current, complete, accurate, available, or accepted by any property, management company, renter, search engine, website visitor, or third party.
Rental Advisors is not responsible for marketing Subscriber’s website, driving traffic to Subscriber’s website, generating leads for Subscriber, or ensuring that Subscriber receives leases, commissions, or revenue.
- Confidentiality
Subscriber agrees that the Locator IDX XML Data Feed, feed URL, access credentials, documentation, data compilation, data format, data structure, technical processes, and related nonpublic information are confidential and proprietary to Rental Advisors.
Subscriber may not disclose the feed URL, access credentials, technical documentation, data structure, or any nonpublic information about the Locator IDX XML Data Feed to any third party except authorized contractors who need access solely to implement the feed for Subscriber’s approved use.
Subscriber must use reasonable care to protect all confidential information and must immediately notify Rental Advisors of any unauthorized access, disclosure, breach, leak, resale, redistribution, sublicensing, copying, or misuse.
- Ownership
Rental Advisors retains all right, title, and interest in and to Locator IDX, the Locator IDX XML Data Feed, the Rental Advisors database, property data compilation, data structure, data format, software, systems, documentation, trademarks, trade names, logos, images, Featured Images, photo library, image URLs, and all related intellectual property.
Subscriber receives only the limited license expressly granted in this Agreement.
Subscriber may not claim ownership of the Locator IDX XML Data Feed, Rental Advisors data, Rental Advisors images, Featured Images, photo library, feed structure, or any derivative database, archive, compilation, copy, or product created from the Locator IDX XML Data Feed.
Subscriber owns its own website, branding, customer relationships, leads, notes, communications, and business records, but does not own the Locator IDX XML Data Feed, the Rental Advisors data compilation, the feed structure, or the Rental Advisors intellectual property.
- Breach and Remedies
Subscriber agrees that the Locator IDX XML Data Feed is licensed for Subscriber’s own apartment locating business and is not licensed for resale, redistribution, sublicensing, syndication, data resale, third party access, or use in a competing apartment data product.
Subscriber will be in material breach of this Agreement if Subscriber or its authorized contractors sell, resell, sublicense, syndicate, distribute, transfer, publish, share, export, or otherwise make available the Locator IDX XML Data Feed, feed URL, access credentials, imported data, refreshed data, copied data, exported data, reformatted data, modified data, derivative data set, or any portion of the data to any third party.
Subscriber will also be in material breach if Subscriber or its authorized contractors use the Locator IDX XML Data Feed to create, support, enhance, populate, maintain, or operate any competing apartment database, apartment listing platform, apartment locating software, apartment data subscription, apartment search product, data resale product, lead resale product, marketplace, directory, application, or service that is sold, licensed, offered, or made available to other apartment locators, brokerages, agents, vendors, customers, or third parties.
For any breach of this Agreement, Rental Advisors may suspend or terminate Subscriber’s access, cancel the subscription, disable the feed, revoke credentials, recover unpaid subscription fees, seek injunctive relief, recover actual damages, recover collection costs, recover attorney fees where permitted by law or agreement, and pursue any other remedy available under this Agreement or applicable law.
Subscriber agrees that unauthorized resale, redistribution, sublicensing, syndication, third party access, or use of the Locator IDX XML Data Feed to support a competing apartment data product would cause harm to Rental Advisors that may be difficult to calculate, including loss of licensing value, loss of customers, loss of competitive advantage, market dilution, business disruption, enforcement costs, and damage to the value of the Locator IDX database.
If Subscriber or its authorized contractors sell, resell, sublicense, syndicate, redistribute, or make the Locator IDX XML Data Feed or a derivative data set available as a paid or unpaid product, subscription, database, software feature, feed, export, application, platform, or service for other apartment locators, brokerages, agents, vendors, customers, or third parties, Subscriber agrees to pay Rental Advisors liquidated damages in the amount of $10,000 per unauthorized product, subscription, database, platform, feed, customer account, third party recipient, or affected market, whichever amount is greater. (grammar)
The parties agree that this amount is a reasonable pre estimate of damages for unauthorized commercial redistribution or competing product use and is not a penalty.
This liquidated damages provision does not apply to Subscriber’s normal downloading, importing, storing, refreshing, or displaying of the Locator IDX XML Data Feed for Subscriber’s own approved apartment locating business.
- Conflict With Prior Materials
If this Locator IDX XML Data Feed Agreement conflicts with any prior Rental Advisors product page, Apartment Data Feed terms, marketing materials, sample documentation, prior website copy, prior pricing page, prior product description, prior data feed description, or prior image feed description, this Agreement controls with respect to Subscriber’s access to and use of the Locator IDX XML Data Feed.
- Contact Information
Notices, cancellation requests, support requests, approval requests, and questions about this Agreement may be sent to Rental Advisors at:
Rental Advisors, LLP
1650 Garnet Avenue, Suite 1106
San Diego, CA 92109
Phone: (619) 736 8807
Support: su*****@************rs.info
Billing: bi*****@************rs.info
Data Feed Approval: jo**@************rs.infoRental Advisors may update contact information by posting updated contact details on its website or by providing notice to Subscriber.