AEI Market Trends Report Terms of Use

Last Updated: 11/14/2019

Welcome and thank you for your interest in our Market Trends Report (MTR) application (known as the "MTR Application") operated by the American Enterprise Institute ("AEI"). By accessing our MTR Application website and launching the MTR Application, you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").

1. AEI's Role. AEI IS A RESEARCH INSTITUTION. AEI DOES NOT, AND THE MTR APPLICATION IS NOT INTENDED TO PROVIDE FINANCIAL OR REAL ESTATE ADVICE. AEI IS NOT AN APPRAISAL OR VALUATION FIRM. THE MTR APPLICATION AND MARKET TRENDS REPORT PRODUCED BY THE MTR APPLICATION ARE NOT AN APPRAISAL OR VALUATION REPORT. THE MTR APPLICATION AND MARKET TRENDS REPORT PRODUCED BY THE MTR APPLICATION PROVIDE GENERAL MARKET TRENDS INFORMATION AND DO NOT CONSTITUTE OR EXPRESS AN OPINION OF VALUE. AEI assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that users take based on the MTR Application or any other information available through or in connection with the MTR Application.

2. Privacy: See the Privacy Policy.

3. Eligibility. You must be at least 18 years of age to use the MTR Application. By agreeing to these Terms of Use, you represent and warrant that (a) you are at least 18 years of age and (b) your use of the MTR Application and Market Trends Report produced by the MTR Application.is in compliance with all applicable laws and regulations. The MTR Application may be used by individuals and companies.

4. Use of the MTR Application; Restrictions.
A. Use of the MTR Application. As long as you comply with these Terms of Use, AEI grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the MTR Application, and to download and use any Market Trends Report produced by the MTR Application, in whole or in part. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the MTR Application and Market Trends Report produced by the MTR Application, in whole or in part, to provide information, to the extent permitted by applicable law, to your clients ("Professional Use"). If you use the MTR Application for a Professional Use, you represent and warrant that you have obtained all required authorizations and consents from your client. AEI provides an Application Program Interface (API) for Professional Use.
Any use or reproduction of all or part of a Market Trends Report must retain all acknowledgments and disclosures as to source(s), whether AEI or a third party. You may not include an AEI logo or any third party logo without AEI's or the third party's prior written approval. The Market Trends Report contains:

• A map provided by Google, which has branding, logos, and copyright and trademark notices. Any use of this map by you must remain as it appears in the Market Trends Report, you will display all such attributions, and you will not modify, obscure, or delete such attributions.
• A chart provided by the Federal Reserve Bank of St. Louis, which has branding, logos, and copyright and trademark notices. Any use of this chart by you must remain as it appears in the Market Trends Report, you will display all such attributions, and you will not modify, obscure, or delete such attributions. You agree to be bound by the FRED® API Terms of Use.

You may not imply any relationship between you and AEI beyond AEI being the data or Market Trends Report source. You may not imply any relationship between you and any third party beyond such third party being the source of the data.
Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the MTR Application on third-party web sites or otherwise.
B. Browser Compatibility.AEI does not warrant that access to the MTR Application will be compatible with all browsers. Recommended browsers are Chrome, Firefox, and IE. Chrome is the best because it has the best memory management. While MTR also works Safari and Opera, they may not provide as satisfactory an experience.
C. Mobile Device Access. AEI does not warrant that access to the MTR Application will be compatible with your mobile device. You may use mobile data in connection with a Mobile App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges.
D. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the MTR Application and Market Trends Report produced by the MTR Application only as necessary for your personal use or Professional Use to view, save, print, fax and/or e-mail such information.

5. Prohibited Use. BY USING THE MTR APPLICATION, YOU AGREE NOT TO:

• charge a fee for access to or use of MTR Application and Market Trends Report produced by the MTR Application.
• reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble,or reverse engineer any portion of the MTR Application or Market Trends Report produced by the MTR Application, except as explicitly permitted under these Terms of Use;
• remove or modify any copyright or other intellectual property notices that appear in the MTR Application or Market Trends Report produced by the MTR Application;
• use the MTR Application for resale, service bureau, time-sharing or other similar purposes;
• use the MTR Application in any way that is unlawful, or harms AEI, its service providers, suppliers, or any other user;
• distribute or post spam, chain letters, pyramid schemes, or similar communications through the MTR Application;
• impersonate another person or misrepresent your affiliation with another person or entity;
• upload invalid data, viruses, worms, or other software agents to the MTR Application;
• interfere with, or compromise the system integrity or security of the MTR Application, or otherwise bypass any measures AEI may use to prevent or restrict access to the MTR Application;
• conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions, and any other automated activity with the purpose of obtaining information from the MTR Application) on the MTR Application;
• use any of AEI's trademarks as part of your screen name or email address on the MTR Application; or
• attempt to, or permit or encourage any third party to do any of the above.

6. Fees. AEI does not charge a fee for access to and use of MTR Application and Market Trends Report produced by the MTR.

7. Intellectual Property. The MTR Application are owned and operated by AEI. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the MTR Application ("AEI Materials") provided by AEI are protected by intellectual property and other laws and are the property of AEI. Except as expressly allowed by these Terms of Use, you may not make use of the AEI Materials, and AEI reserves all rights to the AEI Materials and MTR Application not granted expressly in these Terms of Use.
Intellectual Property Notices:

• Restrictions Against Misusing the MTR Application with respect to Google Maps
• No Scraping. You will not extract, export, or otherwise scrape Google Maps Content for use outside the MTR Application. For example, you will not: (i) pre-fetch, index, store, reshare, or rehost Google Maps Content outside the MTR Application; (ii) bulk download Google Maps tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; (iii) copy and save business names, addresses, or user reviews; or (iv) use Google Maps Content with text-to-speech services.
• No Caching. You will not cache Google Maps Content except as expressly permitted under the Maps Service Specific Terms.
• No Creating Content from Google Maps Content. You will not create content based on Google Maps Content. For example, you will not: (i) trace or digitize roadways, building outlines, utility posts, or electrical lines from the Maps JavaScript API Satellite base map type; (ii) create 3D building models from 45°Imagery from Maps JavaScript API; (iii) build terrain models based on elevation values from the Elevation API; (iv) use latitude/longitude values from the Places API as an input for point-in-polygon analysis; (v) construct an index of tree locations within a city from Street View imagery; (vi) convert text-based driving times into synthesized speech results; or (vii) reverse engineering to derive the latitude and longitude of a property location.

8. Claims of Copyright Infringement. AEI respects the intellectual property rights of others, and asks that everyone using the MTR Application do the same. Anyone who believes that their work has been reproduced on the MTR Application in a way that constitutes copyright infringement may notify AEI's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the MTR Application so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By mail:
American Enterprise Institute
1789 Massachusetts Av., NW
Washington, DC 20036

9. Termination/Changes to Agreement. If you violate any provision of these Terms of Use, your permission from AEI to use the MTR Application will terminate automatically. AEI may alter, suspend or discontinue the MTR Application or any portion of the MTR Application without notice. AEI will not be liable whatsoever for any change to the MTR Application or any suspension or termination of your access to or use of the MTR Application. AEI reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. Terms of Use. Your continued use of the MTR Application after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the MTR Application after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

10. Other Terms. Your use of the MTR Application is subject to all additional guidelines, rules, and agreements applicable to the MTR Application or certain features of the MTR Application that we may post on, or link to, from the MTR Application.

11. Indemnification. You agree to indemnify, defend, and hold harmless AEI, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the MTR Application; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; and (d) any dispute or issue between you and any third party; (e) your willful misconduct. AEI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with AEI's defense of that claim.

12. Gratuitous Basis and No Warranties. IN AS MUCH AS AEI PROVIDES THE MTR APPLICATION AND MARKET TRENDS REPORT ON A GRATUITOUS BASIS AT NO CHARGE, THE MTR APPLICATION AND MARKET TRENDS REPORT PRODUCED BY THE MTR APPLICATION ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AEI AND ITS DATA SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AEI AND ITS DATA SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE MTR APPLICATION OR ANY MATERIALS AVAILABLE THROUGH THE MTR APPLICATION WILL CREATE ANY WARRANTY REGARDING AEI OR THE MTR APPLICATION THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE MTR APPLICATION, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE MTR APPLICATION, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE MTR APPLICATION ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE MTR APPLICATION), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE MTR APPLICATION OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

13. Limitation of Liability. IN NO EVENT WILL AEI BE LIABLE FOR ANY LOSS OR ANY DIRECT, INDIRECT, ACTUAL, COMPENSATORY, CONTINUING, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE MTR APPLICATION OR ANY MATERIALS ON THE MTR APPLICATION, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF AEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AEI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (IE) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE MTR APPLICATION; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MTR APPLICATION; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR MTR APPLICATION BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE MTR APPLICATION; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

14. Choice of Law; Disputes. These Terms of Use are governed by the laws of the District of Columbia, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the District and federal courts sitting in Washington, DC for any and all disputes, claims and actions arising from or in connection with the MTR Application and/or these Terms of Use. AEI operates the MTR Application from its offices in Washington, DC, and we make no representation that the MTR Application are appropriate or available for use in other locations.

15. General. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. AEI may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the MTR Application. AEI's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and AEI with respect to the MTR Application and supersede all prior or contemporaneous communications of any kind between you and AEI with respect to the MTR Application. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 5, 7, and 11-17.

16. Contact Information and License Disclosures. The MTR Application are offered by AEI located at 1789 Massachusetts Avenue, NW, Washington, DC 20036. You may contact AEI by sending correspondence to that address

17. Notice to Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section 18 apply. You acknowledge that these Terms of Use are between you and AEI only, not with Apple, and Apple is not responsible for the MTR Application or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the MTR Application. If the MTR Application fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the MTR Application. Apple is not responsible for addressing any claim by you or any third party relating to the MTR Application or your possession or use of the MTR Application, including: (a) product liability claims; (b) any claim that the MTR Application fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the MTR Application or your possession and use of the mobile application infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the MTR Application. Apple and Apple's subsidiaries are third party beneficiaries of Section 18 of these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 18 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.