TERMS AND CONDITIONS OF USE

This Hudson Property Management, LLC Website & MYHPM Portal (hereinafter "Website") is provided by Hudson Property Management, LLC (hereinafter "HUDSON PROPERTY MANAGEMENT LLC") to you (sometimes referred to as "you" or the "User"). By using our Website, you are agreeing to comply with and be bound by the following terms and conditions of use (this "Agreement"). If you do not wish to accept these terms, you should not view information or obtain any goods or services from, or otherwise interact with, this Website. This Agreement incorporates by reference that http://www.hudsonpm.com/ posted on Hudson Property Management LLC's Website, as may be modified from time to time in our sole discretion.

1. Acceptance of Agreement. The Website is offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Please review the following terms carefully. Your use of the Website constitutes your agreement to all such terms, conditions and notices.

2. Right to Modify the Website. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement (including without limitation, the Privacy Policy) at any time, without notice to you. Please check this Agreement periodically for changes. Your continued use of the Website after the posting of changes will mean you agree to abide by those changes. Any amendment to this Agreement by you must be agreed to by Hudson Property Management, LLC in a physical, manually signed writing.

3. Limited Right to Use. Except as otherwise indicated on this Website, you may view, print, copy and distribute information on this Website ("Information") subject to the following terms and conditions:

  1. "Information" does not include software, programs, logos, graphics, sounds or images on this Website, which may be reproduced or distributed only when expressly permitted by Hudson Property Management, LLC, in writing;
  2. Information may be used solely for informational, personal, non-commercial purposes;
  3. Any copy of Information on this Website must include all copyright and proprietary notices in the same form and manner as on the original;
  4. Information may not be modified in any way; and
  5. Hudson Property Management, LLC reserves the right to revoke this authorization at any time, and any such use shall be discontinued immediately from Hudson Property Management, LLC.

 

4. Ownership. Except as ordinarily occurs when a website is downloaded to your computer or smart device in the normal course of browsing a website, and other than as expressly permitted in this Agreement, material from this Website may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without Hudson Property Management, LLC's prior written consent. Certain content on the Website may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. All rights (including all intellectual property rights) to and/or with respect to the content and materials contained on this Website not expressly licensed by Hudson Property Management, LLC hereunder, are expressly and exclusively retained and reserved by Hudson Property Management, LLC and its licensors.

5. Copyright. The content, organization, graphics, logos, sounds, images, design, compilation and other matters related to the Website are protected under applicable copyrights, trademarks, patents, patents pending and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such materials, or any part of the Website, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials available through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. If you are a copyright owner or agent thereof and believe that any materials on this Website infringe upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached as follows: By mail: Hudson Property Management, LLC / Attn: Copyright Agent / PO Box 31 / Hoboken, NJ 07030 Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. ALL INQUIRIES FAILING TO FOLLOW THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.

6. Trademarks. Hudson Property Management, LLC, MyHPM, Hudson PM, HPM, WorkTrac, are trademarks or registered trademarks of Hudson Property Management, LLC in the United States and other countries. All other brands or products are trademarks or registered trademarks of their respective holders.

7. Indemnification. You agree to indemnify, defend and hold harmless Hudson Property Management, LLC and its employees, partners and affiliates from and against any and all claims, demands, actions, costs, liabilities, losses and expenses, including reasonable attorney's fees, resulting from: (i) your use of the Website; (ii) breach of this Agreement; and/or (iii) any intentional wrongdoing by you. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

8. Disclaimer. NEITHER HUDSON PROPERTY MANAGEMENT LLC NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CONTENT PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. HUDSON PROPERTY MANAGEMENT LLC AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE OR AGAINST INFRINGEMENT. THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. WE DO NOT GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HUDSON PROPERTY MANAGEMENT LLC AND/OR ITS AFFILIATES MAY, BUT ARE NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE INFORMATION, SERVICE(S) AND/OR THE GOODS DESCRIBED HEREIN AT ANY TIME.

9. Limitation of Liability. All responsibility or liability for any damages caused by viruses contained within the Website is disclaimed. IN NO EVENT SHALL HUDSON PROPERTY MANAGEMENT LLC AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE GOODS AND SERVICES AVAILABLE FROM OR THROUGH THIS WEBSITE. HUDSON PROPERTY MANAGEMENT LLC'S TOTAL LIABILITY RELATED TO THE WEBSITE REGARDLESS OF THE CLAIM SHALL NOT EXCEED $100. THE DISCLAIMERS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HUDSON PROPERTY MANAGEMENT LLC. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. The limitations of liability provided in this Agreement inure to our benefit and to the benefit of our affiliates, suppliers, contractors and licensors and to all of our and their respective officers, directors, employees, attorneys and agents. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

10. Links to Other Websites. The Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party websites, you do so at your own risk. The Payment Option is provided by a third party service. All payment issues and or discrepancies as a result of this Payment option must be resolved with said third party company.

11. Information and Press Releases. The Website contains information and press releases about Hudson Property Management LLC. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

12. Nontransferable. Your right to use the Website is not transferable. Any password, login information, user name or other right given to you to obtain information or documents from the Website is not transferable. You will not have the right to assign or transfer your rights under this Agreement to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Website may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under this Agreement.

13. Contact Information. If you have any problems, questions or complaints about this Agreement, please contact us by written notice at Customer Service, Hudson Property Management, LLC, PO Box 31, Hoboken, NJ 07030.

14. Other HUDSON PROPERTY MANAGEMENT LLC Products and Services. If you purchase products or subscribe to services from Hudson Property Management LLC, the receipt by you of such products and services may be subject to additional or different terms and conditions which will be presented to you at the time of your purchase or subscription. Such additional or different terms and conditions will apply to the specific products and services, and will not affect the application of this Agreement to this Website.

15. Miscellaneous. This Agreement shall be treated as though it were executed and performed in the State of New Jersey, and shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of laws principles. Any cause of action by you with respect to the Website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Hudson County, New Jersey. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement, together with the Privacy Policy as applicable, constitutes the entire and only agreement between Hudson Property Management LLC and you, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, with respect to the Website and the content and services provided by or through the Website, and the subject matter of this Agreement. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision. BY USING THE WEBSITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THIS AGREEMENT AT VARIOUS TIMES ON THE WEBSITE, YOU ACCEPT AND AGREE TO THE ABOVE TERMS AND CONDITIONS OF USE

 

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