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TERMS OF USE

Welcome to HQ Real Estate Services Inc dba HQ Commercial. The following terms and conditions are the Terms of Use for our website, www.hqcommercial.ca, and any applications (including mobile applications) (the ‘Site’) made available by HQ Commercial Real Estate Services Inc. (the ‘Company’, ‘we’, ‘us’ or ‘our’).

By visiting the Site and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This User Agreement does not alter in any way the terms and conditions of any other agreement you may have with the Company, unless otherwise agreed to in writing by the Company. If you breach any of the terms of this User Agreement, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site

This agreement is in effect as of Sep 22, 2016.

Accepting the Terms of Use and Additional Terms

By accessing and using the Site in any manner, you acknowledge that you have read this User Agreement and all of the terms and conditions contained herein. Before continuing to use the Site, please read this User Agreement and contact us if you have any questions.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Click-Through Agreements

Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree.” Any special terms and conditions to which you agree will supplement and amend this User Agreement.

Provision of the Site by the Company

You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.

You acknowledge and agree that the Company may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at the Company’s sole discretion, without prior notice to you.

Responsible Use and Conduct

By visiting the Site and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources, if applicable. Accordingly, you are responsible for all activities that occur under any such account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

i) be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
ii) affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
iii) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
iv) transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
v) modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
vi) advocate or encourage any illegal activity;
vii) infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of the Company or any 3rd party;
viii) violate the privacy of any individual, including users of the Site; or
ix) violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).

h. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

i. We do not assume any liability for any content posted by you or any other 3rd party users of our website.

j. You agree to indemnify and hold harmless the Company and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using the Site, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements;
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors;
iii) the information obtained by using our Resources will be accurate or reliable; and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from the Company or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. The Company will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on the Site, including but not limited to text, graphics, website name, code, images and logos are the exclusive intellectual property of the Company and its successors, assigns, licensors, and/or suppliers, and are protected by applicable copyright and trademark law. Unless you have agreed otherwise in writing with the Company, nothing in these Terms of Use gives you a right to use any of the Contents, the Company’s trade-marks or other intellectual property of the Company. Any use, including but not limited to the reproduction, distribution, display or transmission of any content on the Site is strictly prohibited, unless specifically authorized by the Company.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Site and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by the Company from our offices located in the province of British Columbia, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Canada, by accessing the Site, you agree that the statutes and laws of British Columbia, and the laws of Canada applicable therein, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through the Site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or provincial courts located in Canada, as applicable. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

No Guarantee

UNLESS OTHERWISE EXPRESSED, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

HQ Real Estate Services Inc.
1330 Granville Street
Vancouver, BC V6Z 1M7
Canada
admin@hqcommercial.ca