Terms of Use

TERMS OF USE

Welcome to Hudson Estate & Company, Inc.’s mr.Hudson-Estate website (“Hudson Estate”). These terms of use (“Terms of Use”) govern your use of all digital products and services from Hudson Estate (each, a “Service” and collectively, the “Services”), unless other terms and conditions expressly govern. These Services are provided either directly by Hudson Estate & Company, Inc. and its subsidiaries (“we”, “us”, “our”) or through various third party platforms and devices (e.g., mobile).

Please read these Terms of Use carefully. By using the Services, you agree to be bound by these Terms of Use and any notices or additional terms posted within the Services. If you do not agree to be bound by these Terms of Use, please do not access any portion of the Services.

1. CHANGES TO TERMS OF USE.

We may change these Terms of Use at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on a Service that the terms have been “updated” or similar words). The changes also will appear in this document, which you can access at any time by going to the Terms of Use link at the footer of the Services. By using a Service after changes are made to the Terms of Use you signify that you agree to be bound by such changes. You are responsible for regularly reviewing these Terms of Use. You waive any right you may have to receive individual notice of changes to these Terms of Use.

2. PERMITTED USE OF THE SERVICES.

You agree that access to the Services is provided to you for your personal non-commercial use. Any commercial use of these Services is limited to real estate professionals acting on behalf of an individual client. These Services may not be used to make any lending decisions.

2.1 The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:

2.1.1 For articles that are written and published by us, as indicated by the credit line (e.g., Hudson Estate) (the “Proprietary Content”), you may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Services. For Content that is not Proprietary Content, you should not assume that you have the rights granted in this Section 2.1.1. Your rights of redistribution will be limited to any special terms, conditions and restrictions applicable to such Content that are either set forth later on in this Agreement, linked to from this Agreement or are listed on or near the applicable Content set.

2.1.2 To the extent that we feature email or other sharing functionality on a particular article in the Services, you may use email or other featured sharing functionality to share such article with other individuals.

2.1.3 While you may download, store and create an archive of articles from a Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. The foregoing does not apply to any sharing functionality we provide through a Service that expressly allows you to share articles or links to articles with others. In addition, you may not use such an archive for commercial purposes.

2.2 You understand that all third party Content available through the Services is solely the responsibility of the third party Content provider. Without limitation to the foregoing, we are not responsible for listings that are available through the Services. You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another web site, app, blog, product or service, except as otherwise expressly permitted by these Terms of Use. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.

2.3 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

2.4 As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.

2.5 You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for using a Service.

2.6 Google Maps web mapping service is included as a tool within the Services. Your use of Google Maps is subject to Google Map’s terms of use which are available at http://www.google.com/intl/en-US_US/help/terms_maps.html.

2.7 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.

2.8 You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.

3. PRIVACY AND THIRD PARTY PLATFORMS.

We will treat your use of the Services in accordance with our Privacy Policy. Your information may be stored and processed in the United States or any other country where Dow Jones has facilities, and by using a Service online, you consent to the transfer of information outside of your country. If you access a Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platform’s terms in addition to these Terms of Use.

4. THIRD PARTY WEB SITES, SERVICES AND SOFTWARE.

Your use of any third party websites, content, data, information, applications, goods, services or materials (collectively, Third Party Services) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or of our affiliates. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Services’ or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use. Further, your dealings with any third party in connection with your use of the Services are strictly between you and such third party; we take no responsibility for your dealings with any third party.

5. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AND TOOLS AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS. YOUR USE OF AND RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DOW JONES AND ITS AFFILIATES AND ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“THE DOW JONES PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT, OR TOOLS FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE DOW JONES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE DOW JONES PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

6. COPYRIGHT POLICY

If you are a copyright owner or an agent thereof and believe that any content on this site infringes upon your copyrights, your may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the site are covered by a single notification, a representative list of such works on the site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent:

By mail:

 Hudson Estate Copyright Agent

Hudson Estate Legal Dept

Hudson Estate & Company, Inc.

1901 North Route 5

South Brunswick, NJ 00859

Phone: (600) 120-4410

E-mail: copyright@hudson-estate.com

For clarity, only DMCA notices should be sent to the Designated Agent.

7. AGREEMENT TO ARBITRATE.

7.1 The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to these Terms of Use or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of New York in the State of New York. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. You agree that by accepting these Terms of Use, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted and, by accepting these Terms of Use, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in Section 8 below, New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive any termination of these Terms of Use. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

7.2 Unless you and we agree otherwise, the arbitration will take place either in your county of principal residence or the County of New York in the State of New York. For claims of $14,000 or less, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.

7.3 arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

8. GENERAL.

These Terms of Use contain the final and entire agreement between us regarding your use of the Services and supersede all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. These Terms of Use are personal to you, which means that you may not assign your rights or obligations under arising pursuant to these Terms of Use to anyone. No third party is a beneficiary of these Terms of Use. You agree that these Terms of Use, as well as any and all claims arising from these Terms of Use will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to these Terms of Use or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of New York in the State of New York. Our failure to enforce any provision of these Terms of Use or to respond to a breach by you or other parties of these Terms of Use shall not in any way waive our rights to subsequently enforce any term or condition of these Terms of Use. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

9. ADDITIONAL TERMS AND NOTICES.

We employ cookie technology. Read the Hudson Estate Cookie Policy for more information on our use of cookies. Certain of our content, data and information providers require us to include additional terms and conditions relating to their content and data, which you can review here.

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