Terms of Service

(Hereinafter referred to as the "Agreement")

IMPORTANT, READ CAREFULLY. This is a legally binding document (Agreement) between you and Forefront Economics Inc. (FOREFRONT), developers and owners of the Housing Construction Trends Report (HCTR). The submission of your order and/or use of the HCTR web site indicates your acceptance of all of the terms of this Agreement.

IN THE ABSENCE OF A WRITTEN AMENDMENT SIGNED BY YOU AND FOREFRONT, SUBMITTING YOUR ORDER INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

By placing an order for HCTR's reports, data, or research (collectively referred to herein as the "Reports"), you are accepting all rights granted and all responsibilities imposed by this Agreement.

In consideration of the submission of your order and/or the use of HCTR's web site, you are granted a non-transferable, non-exclusive, personal right to the use of the Reports provided therefrom (the "Information") solely in accordance with this Agreement. You are not purchasing the Reports. Forefront Economics Inc. owns all right and title in the Reports and in any derivative work based on the Reports.

You may use the Information and Reports in the course of your business solely in reports, presentations and/or memorandum for internal distribution provided, however, that all such use of the Information and Reports shall include any copyright notices, original source attribution (if applicable), and any other attributions, disclaimers, or notices as FOREFRONT may from time-to-time require. The following are examples for which the Information and Reports may expressly be used: (a) working papers or word processing or spreadsheet programs underlying a report that you prepare, (b) your final report, (c) appraisals, (d) listing proposals, (e) presentations to financial institutions for asset valuation and review purposes, and (f) marketing packages.

You may not compete with HCTR. With this general rule in mind, here are things you may not do with the Reports. The following list is for purposes of example only, and should not be considered exhaustive. You are expressly prohibited from: (a) Reselling the Reports or any part or derivative thereof. (b) Adapting, translating, exporting, decompiling, disassembling or creating derivative works of the Reports. (c) Using, keying, scanning or typing any part of the Reports or entering data contained within the Reports for the purpose of compiling databases or similar compilations to give, sell, or rent access to anyone, unless you have received Forefront Economics Inc.'s prior written consent.

Use of your password and user name by a third party not affiliated with your organization or beyond the limits of your account type may result in the automatic termination of your subscription without further notice or refund. In addition, failure to timely pay your subscription fees may result in the cancellation of your subscription without notice or refund. FOREFRONT hereby reserves the right to audit and monitor, whether physically or electronically, the number of requests for information you submit, and the frequency and duration of your HCTR on-line activity. If, in FOREFRONT's sole opinion, such monitoring or other evidence indicates a breach of any term of this Agreement, FOREFRONT may terminate your password without notice or refund of any subscription fees and pursue any and all remedies for such breach, including but not limited to injunctive relief. In the event FOREFRONT prevails in any action arising under this Agreement, FOREFRONT shall be entitled to recover from you all reasonable costs, expenses and attorneys' fees incurred in connection therewith.

HCTR's Reports, Information and databases are copyrighted and protected by the copyright laws of the United States and the Universal Copyright Convention. FOREFRONT reserves all rights to the Reports, Information and the underlying data compilations and information maintained by FOREFRONT. You may not do anything to impair FOREFRONT's copyrights in the Reports. Only FOREFRONT may annotate, alter, or modify any Reports or integrate or incorporate the Reports into another database, contact management, automated valuation or statistical analysis program.

You may not use any trademark, service mark or trade name of FOREFRONT without FOREFRONT's prior written consent. You may not remove, alter or reproduce the trademarks found on FOREFRONT's Reports and Information.

You must treat the Reports and Information as confidential, and you must instruct your employees who have access to the Reports and Information to keep them confidential.

THE INFORMATION AND REPORTS ARE NOT WARRANTED BY FOREFRONT AND ARE LICENSED AS IS. FOREFRONT MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ELECTRONIC SECURITY, OR FREEDOM FROM VIRUSES. FOREFRONT AND ITS AFFILIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL (INCLUDING LOST PROFITS), ARISING OUT OF OR RESULTING FROM YOUR USE OR POSSESSION OF THE INFORMATION AND/OR REPORTS (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. THE INFORMATION IS DERIVED FROM SOURCES DEEMED RELIABLE, BUT FOREFRONT AND ITS AFFILIATES DO NOT GUARANTEE THE CORRECTNESS OR COMPLETENESS OF ANY PROGRAMS, DATA OR OTHER INFORMATION FURNISHED. FOREFRONT AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR AND INJURY OR DAMAGES CAUSED BY DELAYS OR INTERRUPTIONS OF SERVICES FROM WHATEVER CAUSE. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND THE ADEQUACY OF THE INFORMATION USED BY YOU AND THE RESULTANT OUTPUT THEREOF. FOREFRONT AND ITS AFFILIATES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OR MAINTENANCE OF ANY INFORMATION ACCESSED BY YOU. YOU AGREE TO INDEMNIFY FOREFRONT AND ITS AFFILIATES AND HOLD THEM HARMLESS AGAINST ANY LOSS, CLAIM, DEMAND OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING IN CONNECTION WITH YOUR USE OF FOREFRONT.

THE MAXIMUM LIABILITY OF FOREFRONT AND ITS AFFILIATED COMPANIES TO YOU SHALL NOT EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU FOR THE REPORTS AND INFORMATION. THE REMEDIES AVAILABLE TO YOU AGAINST FOREFRONT OR ANY OF ITS AFFILIATED COMPANIES UNDER THIS AGREEMENT ARE EXCLUSIVE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

If you fail to comply strictly with the terms and conditions of this Agreement, you are in irrevocable default, and your right to use the Reports and Information will be immediately terminated.

FOREFRONT reserves the right to revise its prices. Revised prices will generally apply to all Reports and Information ordered on and after the effective date of the price change. FOREFRONT's published prices for the licensing of Reports and Information do not include applicable taxes. You are responsible for paying all such taxes.

If you breach a material provision of these terms and conditions, FOREFRONT will be entitled to seek injunctive relief from your breach, without the necessity of posting a bond.

These terms and conditions will be construed under Oregon law. You agree to submit all disputes with FOREFRONT arising out of these terms and conditions to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in Portland, Oregon. Disputes or enforcement of rights arising out of this arbitration provision will be heard by a court of competent jurisdiction in Portland, Oregon.

These terms and conditions form the entire agreement between you and FOREFRONT for Reports that you order hereunder. In the absence of a written agreement signed by you and FOREFRONT, this Agreement is the complete agreement between you and FOREFRONT.

Orders that you place electronically for Reports and Information and that are accepted by FOREFRONT fully incorporate the terms and conditions of this Agreement and are as binding on you as original written documents.

If a court or arbitrator finds any term or provision of this Agreement invalid or unenforceable, that provision will be construed so as to realize to the greatest possible extent the parties' expressed intent. The remainder of the Agreement will not be affected by such a finding and will remain valid and enforceable.

FOREFRONT's performance under this Agreement will be excused to the extent that FOREFRONT is hindered or prevented from performance for causes beyond FOREFRONT's control.

This Agreement is binding on you and on all your successors, assigns, agents, representatives, and employees. This Agreement may be modified or waived only in writing and only if executed by your authorized representative and by FOREFRONT's President or Executive Vice President at FOREFRONT's principal offices in Beaverton, Oregon.

All rights and obligations which by nature would extend beyond the termination, cancellation, or expiration of this Agreement shall survive such termination, cancellation or expiration. You may not assign any benefit under this Agreement without FOREFRONT's written consent.

FOREFRONT has obtained the information contained herein from sources which it believes to be reliable. FOREFRONT makes no representation, warranty or guarantee, express or implied, as to the accuracy or reliability of the information contained herein.