YOU VISIT AND USE OUR WEBSITE
AND OUR SERVICES
You know that we all live in a world with regulations and legal obligations...
By visiting and/or using the Website you agree to be bound by the terms of the present agreement.
Have a good reading!
Last modified: June 20, 2022
1. Introduction, Acceptance, Definitions, and Modifications
Welcome to the HP & Associés website located at https://www.hpaa.ca/ (the “Website”) which includes all subdomains and subpages present and future. We hope you enjoy your visit and / or use of the Website.
The Website is owned and operated by HP & Associés, Inc., a company located in Montreal, Canada at the address listed below. Where the present TOU refer to “HPAA” they may refer to HP & Associés Inc. and / or its affiliates, shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to HPAA and / or its Representatives. In these TOU, a Website visitor or user may be referred to as “you” or “your”.
HPAA reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with HPAA, we will use commercially reasonable efforts to notify you by posting a prominent notice when you arrive at the Website for the first time following those changes. You can always identify the most recent version of the TOU by the date at the top of this page.
2. Contacting Us
If you have any questions about the TOU, please contact:
HPAA Legal Services
HPAA Legal Services
1033 Av. Laurier Ouest
3. General Code of Conduct for Use of the Website
In addition to any other more specific rules found elsewhere in these TOU, you agree that by visiting and / or using the Website, you will:
(i) Not use the Website in any manner that in any way violates these TOU or any other applicable policy posted on the Website by HPAA;
(ii) Not use the Website in any manner that violates any intellectual property rights of HPAA or any third party;
(iii) Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to HPAA or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether Personal Information or not) of HPAA, other Website users, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by HPAA in its sole discretion) an unreasonable or disproportionately large load on HPAA’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures HPAA may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
(vii) Not interfere with any third party’s use or enjoyment of the Website;
(viii) Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
(ix) Not attempt to do any of the foregoing prohibitions;
(x) Use the Website in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
4. Proprietary Rights
a. Intellectual Property Rights
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to HPAA, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of HPAA, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, Computer Code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and HPAA may take action accordingly.
b. Submitted Information
If you choose to communicate to HPAA suggestions for improvements to the Website, or any idea or proposal related to HPAA or its businesses or properties (collectively, “Feedback”), HPAA shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to HPAA and waive in favor of HPAA, its successors and assigns all your moral rights in the Feedback; and agree to provide HPAA such assistance as HPAA may require to document, perfect, and maintain HPAA’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to HPAA, you are not entitled to any compensation or reimbursement of any kind from HPAA under any circumstances.
5. External Links
Without limiting the generality of the disclaimer in the next paragraph, you acknowledge and agree that the Website contains links to, and content provided by, Centris. HPAA shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the actions of Centris or any content provided by Centris.
In no way will HPAA be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
6. Interruption of Service
From time to time, the Website may be unavailable for periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, HPAA shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
7. Termination of the Website or Your Access to the Website and the TOU
HPAA may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that HPAA shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from HPAA’s termination of the Website or any part thereof.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and HPAA. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
8. Disclaimer Regarding Financial Information
You acknowledge that from time to time, HPAA may include on the Website information pertaining to financial investments. This financial investment information is intended for information purposes only, and is in no way intended to be acted upon by you without consulting a professional financial investment advisor.
Without limiting the generality of the Disclaimer of Warranties found in the next section of these TOU, HPAA and / or its Representatives shall not be responsible for any losses or damages, pecuniary or otherwise, to you resulting from your use of, or any reliance upon, any financial investment information on the Website, and HPAA disclaims any responsibility thereto.
9. Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by HPAA or third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from your use of the Website, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by HPAA staff, freelance writers or other subcontractors hired by HPAA are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. HPAA shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or the information thereon, or your reliance on such information whether the information is correct or not.
HPAA expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. HPAA, its affiliates and their respective Representatives, do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by HPAA or third parties) available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded will meet your requirements.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Website, or any other website to which we link, and all operations on this Website are warranted only to the minimum amount legally required.
10. Limitation of Liability
In no case will HPAA or its Representatives be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Website or (ii) the interruption, suspension or termination of any part of or all the Website; and in both cases regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Website and exceed Cdn$ 100.
You expressly understand and agree that HPAA or its Representatives shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, your use of the Website, activities arising from your use of the Website, any third party materials on the Website, or any materials downloaded from the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by HPAA or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
You acknowledge that your submission of any content on the Website (including personal information) is at your own risk. HPAA does not assume any liability to you with regard to any loss or liability relating to such content in any way.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
12. Governing Law and Applicable Jurisdiction
These TOU shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, excluding any rules of private international law or conflict of laws which would lead to the application of any other laws. Regardless of where you access or use the Website, you agree that any action at law or in equity arising out of or relating to the TOU shall be filed and adjudicated only in the federal or provincial courts located in the Province of Québec (district of Montreal), Canada, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the TOU. Notwithstanding the foregoing, we shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by a Québec court will, or may, not be enforced by the jurisdiction in which you resides or is located; or (iii) to enforce a judgment obtained against you in a Québec court.
13. Miscellaneous Provisions
(ii) HPAA shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond HPAA’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
(iv) The failure of HPAA to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to HPAA.
14 - CREDITS & ACKNOWLEDGEMENTS
HP & Associés would like to thank in particular the people who contributed to the realization of this website. Without you and your talent, this site would not have been able to see the light of day and be so magnificent. So a big thank you!
HPAA thanks the following persons for theircontributions to the Website:
Centris flow integration for rental properties, back-office and initial visual design advice: Eric Michalon - é.COM design. A big thank you Eric for your kindness, your patience, and your efficiency in finding operational solutions that we know we can count on.
Centris flow integration for the properties for sale and its network of real estate partners: MA CLÉ. Thank you for your efficiency in the realization of our custom requests, and a special bravo to Wissem for his speed and performance of his design.
Design of the site with Webflow technology. Thanks to Webflow and all its community that allow to create new web content with fun and efficiency to focus on the quality to offer to users. Special thanks to the Finsweet and Relume teams. You are such a source of inspiration and help to make the web of today and tomorrow a real success.
Editorial content: Myriam Jézéquel. What would this site be without your pen, Myriam? We have set the bar very high in terms of content requirements (especially for the most technical themes), a long-term mission, and you have taken up the challenge with brio, as usual. A pleasure to read, always renewed!
(Please note that some texts are not from Myriam's pen but from HP & Associates, and we hope we have not diminished the quality of her work).
Photos: what would be a real estate site featuring the city of Montreal, Quebec and Canada without beautiful photos? The majority of the photos on this site are from two local photographers who know how to capture the magical atmosphere of Montreal. A big, big thank you to both of you, Yannick Légaré and Jean-François Savaria. It is a pleasure to work with you! Your availability, your kindness, your view of the world around you, only add to the quality of your magnificent images. Continue to make us dream with your photos that transport us and give us so much desire to discover or rediscover Montreal: your photos remind us why we love living here!
We also used some illustration photos from Unsplash. We will try to mention the photographers, without forgetting some, who deserve to be thanked for their beautiful images shared with the world and who contribute to punctuate the concepts to be illustrated and to make our magnificent country shine. Congratulations to you all! Authors : Aleksandra Rupar, Alesia Kazantceva, Alexander Sinn, Amir Saboury, Andrew Gazula, Aricie Benoit, Brandon Sehl, Clay Banks, Coop Coop, Dode Meida, Element5, Eric Prouzet, Etienne Delorieu, Eva Blue, Fa Barboza, Florian Vita, Geoffrey Chevtchenko, Guillaume Jaillet, Hannah Busing, Jamshed Khedri, Janco Ferlic, Jason Hafso, Jeremy Bezanger, Jeremy McKnight, Jose Marroquin, Juan Rosas, Jud MacKrill, Kendall Ruth, Kirill, Krakenimages, Lewis Parsons, Logan Isbell, Lucas Calloch, Marc-Olivier Jodoin, Matthias Mullie, Melanie These, Michael Descharles, Micheile, Northfolk, Pascal Bernardon, Phil Desforges, Praveen Kumar, Robin Inizan, Ryan, Samuel Charron, Scott Graham, Sebastien Cordat, Senjuti Kundu, Socialcut, Sophie Marieke, Steven Wright, The Bialons, This Guy, Thomas Lardeau, Victoria Heath, Warren Wong, Yassine Laaroussi, Yohann Libot, Zan.
Legal texts: the legal clauses of this website have been brilliantly drafted by competent lawyers from BLUE HF. Thank you Allen and Jordan for your efficiency, your kindness and your know-how. You make complex concepts simple. Thank you for your approach!
Finally, thank you to the entire HP & Associés team: your patience, your kindness, your professionalism, the quality of the Quebec welcome - in short, everything that makes us want to always achieve the best for you. We hope that this site will meet your expectations and beyond.
© HP & Associés Inc. 2023