Terms of Use

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Hudsonmorris Projects Corporation and all its subsidiaries, related companies and affiliates, (collectively, “Hudson Projects”, “we”, “our” or “us”) have published this Agreement that governs your access to and use of our website at hudsonrental.ca (the “Website”).  

Please read these terms of use carefully (which together with the Privacy Policy and all other applicable Hudson documents, policies, notices, disclaimers and additional terms provided to you constitute the “Agreement”). This Agreement constitutes a legally binding agreement between you and Hudson. By using or accessing the Website, you acknowledge that you have read and agree to be bound by and you will comply with this Agreement. If you are entering into this Agreement on behalf of an organization, such as a corporation, you represent to us that you have legal authority and power to bind that legal entity to this Agreement.

Hudson respects the privacy of your personal information and will handle personal information in accordance with our notices to you and our policies. To learn more about and understand our data collection practices, please see our privacy policy at https://www.hudsonrental.ca/privacy-policy (the “Privacy Policy”). By accessing or using our Services, you agree you have authority to provide and consent, and that Hudson can handle your personal information in accordance with our Privacy Policy.

If you do not agree to the terms of this agreement or the privacy policy, you must not access or use our services.

1. Our Services

You acknowledge that you are obtaining only a limited right to use the Services and that no ownership rights are transferred to you under this Agreement. Subject to the terms of this Agreement, Hudson grants you a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable and fully revocable right to access and use the Services.

Notwithstanding anything to the contrary in this Agreement, you are permitted to access and use the Services, particularly Hudson Content as follows:

• You may share selected Hudson Content made available on public Website by Hudson to other users or persons via email or other permitted social channels;
• Your computer and browser may temporarily store or cache copies of Hudson Content being accessed and viewed by you;
• You may download and store Hudson Content for personal use;
• You may copy and print a reasonable number of certain Hudson Content, keeping any proprietary notices thereon, as long as such print outs are not used for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
• In the event social media is linked to certain Hudson Content on our Website, you may take such actions as the Website and the third-party social media platform permits.

Your access to our Services may be occasionally suspended or restricted to allow Hudson to make updates, modifications, improvements, fix bugs, conduct maintenance or introduce new content or services. Due to the nature of such technical outages, we cannot guarantee notice prior to outages and will not be held responsible for any delay or failure to comply with our obligations under this Agreement caused by such technical outages or otherwise.

We also reserve the right, in our sole discretion, to modify, suspend or remove any Hudson Content, Third Party Content, features or functionality of one or more of the Website at any time and without notice to you. Hudson will not be liable to you or any third party for any such delay or failure, modification, suspension or discontinuation described above.

2. Representations and Warranties

Except as otherwise provided in this Agreement, or expressly authorized by Hudson in writing, you represent and warrant to Hudson that you will not:

1. disassemble, reverse engineer, decompile, hack, disable, block, interfere with, disrupt the integrity,  performance or the functionality of any portion of the Services, or any data, code or information contained therein;
2. attempt to discover the source code, object code or underlying structure, in whole or in part, or any software, documentation or data related to or provided with the Services;
3. remove, avoid, interfere with, circumvent, disrupt or undermine the security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by our Services or the operation of the Services;
4. upload to, or transmit from, one or more of the Website any data, file, script, software or link that contains or redirects to viruses, worms, Trojan horses or other harmful computer code;
5. engage in unauthorized spidering, scraping, data mining or harvesting of, or use any other unauthorized automated means to gather data from or about the Services;
6. conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using the Services, and whether Submitting User Submissions or otherwise you must not introduce, send, store, run or transmit any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or that is otherwise illegal or objectionable, such determination to be made in Hudson's sole discretion;
7. disseminate, distribute, republish, re-transmit, transfer, sub-license, sell, resell, lease, rent, or otherwise exploit any part of the Services or make any part of the Services available for access or use by unauthorized third parties;
8. modify, reproduce, duplicate, stream capture, copy or create derivative works based on the Services or any part, feature, function or user interface thereof, or otherwise reproduce, compile for an internal database any parts of the Services;
9. remove or modify any copyright, trademark, or other legal notices marked on the Services or any part therein;
10. advertise or promote unauthorized goods or services on or through the Services, without our permission (including by sending unsolicited email or other electronic communications);
11. display the Services, or any part thereof in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Hudson and any other party or potentially deprive us of revenue (including revenue from advertising, branding, or promotional activities);
12. violate any Applicable Law while accessing or using the Services, or in any way in connection with the Services or this Agreement;
13. interfere with, disrupt or undermine anyone’s use or enjoyment of the Services or violate any other person’s rights;
14. access any portion of the Services that we have not authorized you to access, or our related systems or networks (including password-protected areas), link to password-protected areas, attempt to access or use another user’s ID or information, or allow anyone else to use any access credentials we provide;
15. transmit, collect, store or access personally identifiable information about other persons without the consent of those persons and Hudson,
16. transmit, collect, store or access any material belonging to a third party which would be in violation of third party intellectual property rights;
17. access the Services to attempt to build a competitive service, or a service using similar ideas, features, functions or graphics as any portion of the Services; or
18. authorize, permit or encourage any person or third party to do any of the above.

3. Intellectual Property Ownership

The Hudson IP is the exclusive property of Hudson. You acknowledge that you have been advised by Hudson that the Hudson IP is protected in Canada and internationally by applicable law including, but not limited to copyright laws, trademark laws, treaty provisions and other intellectual property, confidential information and proprietary rights laws. Unless otherwise provided in this Agreement, you may not use Hudson Content, Hudson names, logos or trademarks in any material, written or electronic, without Hudson’s prior written consent. Nothing in this Agreement grants, by implication, estoppel, or otherwise, any intellectual property rights or other right, title or interest in or to the Hudson IP to you or any other person. Use of any Hudson IP, except as expressly authorized, will constitute an infringement or violation of the rights of Hudson, may be a violation of federal or other laws, and could subject you to legal action.

4. Feedback and User Submissions

The Website may contain interactive functions or other features that allow you to submit, post, publish, display, share or transmit (collectively, “Submit”) information on or through one or more of the Website or to other users or persons (collectively, “User Submissions”). By submitting information to the Website through such interactive functions, you are consenting to all actions we take with respect to such information and hereby acknowledge that such Submissions will not be subject to any confidentiality by Hudson. By providing any User Submissions to one or more of the Website  through any interactive functions or otherwise, you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, display, distribute, and otherwise disclose to third parties any such material for any purpose and incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of Submitting any User Submissions.

By Submitting the User Submissions, you declare and warrant that you own or have the necessary rights to Submit the User Submissions and have the right to grant the license hereof to us and our affiliates and licensees, successors, and assigns to the User Submissions and comply with this Agreement. You represent and warrant that all User Submissions comply with applicable laws and regulations and this Agreement.

You understand and agree that you, not Hudson nor its subsidiaries, affiliates nor their respective directors, officers, employees, agents, licensors, or successors, are fully responsible for any User Submissions you Submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions Submitted by you or any other user of one or more of the Website. Hudson has the right, without provision of notice to remove or refuse to post User Submissions for any or no reason in our sole discretion.

We have the right, but no obligation, nor any responsibility to any party to monitor the Services, or its use, including, but not limited to User Submissions and do not and cannot undertake to review material that you or other users Submit to the Services. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to Applicable Laws.

5. Compliance with Laws

You represent and warrant that your use of our Services will comply with all Applicable Laws. It is your responsibility to determine whether our Services meet your obligations under any Applicable Laws. Hudson will not be liable if our Services do not meet your requirements under Applicable Laws. Part of your compliance with Applicable Laws includes your compliance with privacy, data protection and anti-spam laws. You represent and warrant to Hudson that:

1. You will obtain and maintain all necessary permissions and valid consents required to lawfully provide personal information to Hudson, such as the email addresses and names of any individual to whom you may send or refer the Services, to enable such personal information to be lawfully collected, processed, used and disclosed by Hudson for the purposes for which it was provided.
2. You will not use the Services to send emails or other electronic messages without the consent of the recipient, in all cases in compliance with Applicable Laws, including anti-spam laws. Compliance may require you to turn off certain features, such as email notification.

6. Securing Your Personal Information

Hudson takes reasonable steps to protect your personal information. We use safeguards to protect against unauthorized access, collection, use, disclosure, and disposal, in a manner appropriate to the sensitivity of the information. These safeguards are intended to prevent your personal information from loss and unauthorized access, copying, use, modification or disclosure. However, the internet is not a secure environment and no computer system is perfectly secure. As such, we cannot guarantee the security of personal information provided to us through electronic means. There is always a risk that your personal information may be accessed or used without authorization. This is also subject to the terms regarding feedback and user submissions above.

The safety and security of your information also depends on you. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on one or more of the Website.

We may use third party service providers to provide parts of our Services from time to time, including data storage and processing, and you consent to us subcontracting these services to those third parties.

If you become aware of any security issue our Services, such as a loss or unauthorized use or disclosure of personal information in association with our Services, you will promptly notify us. You will provide us with all reasonable assistance we request in the case of a security breach.

7. Third Party Services

As a convenience to you, our Services may contain links to third party websites, applications or services, or integrate with other third party platforms (collectively, “Third Party Services”). Certain Third Party Services collect personal information from you. If you use or access Third Party Services through our Services, you do so at your own risk. We are not responsible for any Third Party Services or for any act or omission of any Third Party Service provider. Hudson does not own, operate or endorse any Third Party Services or Third Party Content and does not make any representations or warranties with respect to any Third Party Services or Third Party Content, including with regards to the completeness, accuracy, adequacy, currency, availability, reliability or legality of any Third Party Services or Third Party Content. We may, but do not have to, preview, verify, flag, modify, filter, block or remove Third Party Services or Third Party Content. You must comply with all agreements and other legal requirements that apply to Third Party Services and Third Party Content and we advise you to review the terms of use and privacy policies for all Third Party Services to ensure compliance and determine how they may use your personal information.

8. No Reliance

Any advertisement for properties through our Services are invitations for you to contact the appropriate professional advisor as set out in the advertisement to discuss options relating to such property. All prices and other amounts appearing through our Services are quoted in Canadian dollars.

All information and content, including the Hudson Content appearing on the Website is not intended to amount to advice on which you should rely, it is for general information purposes only. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Services and any such content and information therein. This Agreement is separate and apart from any agreement or document relating to a commercial transaction, including, but not limited to any offers to purchase, sell, rent or lease property, whether Hudson property or otherwise by you or any other person or user.  

The Services include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the Hudson Content provided by Hudson, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Hudson.

9. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WHERE AS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. HUDSON DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, COMPLETENESS, SUITABILITY QUALITY AND NON-INFRINGEMENT. WITHOUT LIMITATION, HUDSON DOES NOT WARRANT THAT:

1. THE SERVICES ARE SUITABLE FOR OR WILL MEET YOUR REQUIREMENTS;
2. THE SERVICES WILL ACHIEVE ANY INTENDED RESULT;
3. THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES WILL BE SECURE, COMPLETE, ACCURATE OR UP TO DATE;
4. THE SERVICES WILL BE REVISED OR UPDATED AT REGULAR INTERVALS OR WITH ANY PARTICULAR FREQUENCY, IF AT ALL;
5. THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES NOT SET OUT IN THE DOCUMENTATION
6. THE SERVICES ARE FREE OF DEFECTS, HARMFUL CODE, VIRUSES OR MALWARE;
7. (vii)THE SERVICES WILL BE FREE FROM INTERRUPTION;
8. (viii)THE SERVICES WILL BE ERROR-FREE; OR
9. DEFECTS IN THE SERVICES WILL BE CORRECTED.

HUDSON IS NOT RESPONSIBLE FOR THE THIRD PARTY CONTENT AND THIRD PARTY SERVICES ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES. ALL THIRD PARTY CONTENT AND THIRD PARTY SERVICES ARE MADE AVAILABLE FOR CONVENIENCE ONLY. HUDSON MAKES NO REPRESENATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, QUALITY, SECURITY OR CURRENCY OF THE THIRD PARTY CONTENT OR THIRD PARTY SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

To the fullest extent permitted by law, you shall indemnify, defend and hold Hudson and its affiliates, parents, subsidiaries, licensors and partners and our and their past and present directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, assigns and representatives (collectively, the “Indemnitees”) harmless from and against all claims, actions, demands, costs (including attorney’s fees and costs), damages, investigations, settlements, judgments, losses, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of our Services or Hudson Content or your breach of this Agreement. You will cooperate as fully as required by any of the Indemnitees. The Indemnitees retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim without the Indemnitees’ (as applicable) prior written approval.

11. Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE INDEMNITIEES BE LIABLE UNDER OR IN CONNECTION WITH OUR SERVICES, FOR YOUR RELIANCE ON OR USE OF THE SERVICES OR THIS AGREEMENT OR ITS SUBJECT MATTER. YOU ACCEPT THAT YOUR ACCESS AND USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND EXPENSE. BY USING THE SERVICES YOU ACKNOWLEDGE AND AGREE TO ASSUME ALL RISK AND LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU, RELEASE THE INDEMNITIEES FROM ANY AND ALL CLAIMS AND LOSSES OF ANY NATURE AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER), THAT YOU HAVE OR MAY HAVE IN THE FUTURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSSES, INCLUDING, BUT NOT LIMITED TO:

1. LOSS OF USE, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES;
2. LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA; OR
3. CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES.

IN NO EVENT WILL THE INDEMNITIEES BE LIABLE FOR ANY THIRD PARTY SERVICES, ACTIVITIES OF THIRD PARTIES, ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, THEFT OR OTHER UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED IN YOUR ACCOUNT.

IN NO EVENT WILL THE INDEMNITIEES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, IN THE AGGREGATE, FOR AN AMOUNT EXCEEDING $100 CANADIAN DOLLARS.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS SECTION APPLY NOTWITHSTANDING: (i) THE APPLICABLE LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (ii) WHETHER THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; or (iii) ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY.

12. Termination

We reserve the right, in our sole discretion, to immediately restrict, suspend, deactivate or terminate this Agreement, access to any aspect of the Services provided on-line, and delete all related information, files, for any or no reason whatsoever, without prior notice to you and subject to Applicable Law. Hudson will not be liable to you or any third party for any suspension or termination of this Agreement or inability to use the Services.

13. General

This Agreement represents the entire understanding between the parties with respect to the subject matter of this Agreement. You will execute such documents and perform such acts as may be necessary to give full effect to this Agreement.

You may not assign this Agreement, nor any of the rights or obligations arising hereunder, in whole or in part, to any third party without our prior written consent. This Agreement is binding on and will enure to the benefit of the parties and their respective permitted successors and assigns. We may assign this Agreement, in whole or in part, including any rights or obligations under this Agreement, in our sole discretion.

A waiver of any term of this Agreement is effective only if it is in writing and signed by Hudson and is not a waiver of any other term.

If any term of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect, invalidate or render unenforceable: (i) any other term of this Agreement; or (ii) the same term in any other jurisdiction.

This Agreement is governed by and is to be construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rule in any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods (if applicable). You will bring any action or proceeding arising from or relating to this Agreement only in the courts located in Vancouver, British Columbia and you irrevocably submit to such exclusive jurisdiction and venue. Each party waives all rights it may have to a trial by jury in any legal proceeding arising out of or related to this Agreement. Notwithstanding any other provision of this Agreement, Hudson may seek injunctive or other equitable relief from any court of competent jurisdiction.  Except as expressly provided in this Agreement, the rights and remedies of both parties are not exclusive and are in addition to any other rights and remedies provided by law or at equity.

14. Definitions

In this Agreement: (a) the words “include”, “includes” and “including” are not limiting and will be read as “including without limitation”; (b) the word “or” is not exclusive; (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (d) headings and captions are not considered part of the Agreement and are provided for convenience only.

“Applicable Law” means all applicable federal, provincial, and local laws.

“Hudson Content” means all content available through the Website that is created and owned by Hudson, including, but not limited to text, floorplans, virtual walkthroughs, displays, infographics, graphics, images, photographs, videos, audio, designs, presentations, layouts, selections, downloadable PDF’s, and all other content that is not Third Party Content.

“Hudson IP” means the business names, project names, slogans, logos, trademarks, service marks, domain names, designations, Hudson Content, the Website , and any related documentation, technology, code, know-how and templates, and the arrangement, layout and look and feel of the Services and any part thereof, and any updates, modifications or derivative works of any of the foregoing.

“Services” means your access and use of the Website, including any interactive functions, forms, applications and the processing of such applications (such as rental applications), or specialized access and Hudson Content therein.

“Third Party Content” means any information or content which is owned by a third party and either publicly available or licensed by Hudson and linked or otherwise included as part of one or more of the Website, including, but not limited to company logos and contact information.

“you” and “your” means you and, if applicable, the organization on whose behalf you are entering into this Agreement.

15. Changes to this Agreement

We reserve the right, in our sole discretion and at any time, to revise and update this Agreement. It is your responsibility to ensure that you are aware of the current terms of this Agreement when you access or use our Services. Any and all modifications to this Agreement are effective immediately upon posting. Your continued use of our Services after any such changes come into effect will constitute your acceptance of such changes.

If you have any questions about this Agreement, are aware of any misuse of the Website or Hudson Content, or if you wish to provide any feedback with respect to our Services, please contact us at hello@hudsonprojects.ca