Terms of Service

A. INTRODUCTION
Gary Jonas Computing Ltd. and Jonas Construction Enterprise Software are a business division under CORA Construction Holdco Inc. Collectively, “Jonas” maintains a website that provides access to information, materials, texts, illustrations, graphics, images, and related services (collectively, the “Services”).  This website and any related websites (collectively, “Site”) are owned and operated by Jonas.

B. ACCEPTANCE OF TERMS AND CONDITIONS
By accessing or using this Site, you are agreeing to be bound by the Terms of Use (“Terms”) herein and any other rules or guidelines which may be implemented by any individual Site.  If you do not agree to these Terms, you should not use or access the Site and related Services.

Jonas reserves the right to update these Terms at any time without notice to you.  It is your responsibility to review the most current version of the Terms prior to use of the Site.  These Terms were last updated as of the date set out below.  Your continued usage of the Site following the posting of any changes of the Terms means that you accept such changes and agree to be bound by them.

C. RESTRICTIONS ON USE

1. USE OF MATERIALS

Jonas hereby grants a non-exclusive right to you to download, store, and access all materials published by Jonas on its Site that are made available for such use, subject to the following:
1. the material may be used solely for your personal, informational, and non-commercial purposes;
2. the materials may not be modified or altered in any way; and,
3. the materials may not be redistributed by the you.

You are responsible for implementing safeguards to protect the security and integrity of your computer system and are responsible for the entire cost of any service, repairs, or connections of and to your computer system which may be necessary as a result of your use of the Site.  You may not otherwise reproduce, modify, distribute, transmit, post or disclose the content and materials on the Site.

2. YOUR CONTENT
The Site may include opportunities for you to access, view, and provide content to the Site.  You are responsible for your use of any interactive features and you acknowledge that you are using them at your own risk.
You agree to only upload, share, post, publish, transmit or otherwise make content available (“Share”) on or through the Site that you have the right and authority to Share.  By Sharing content on Site, you grant Jonas a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, sub-license to use, reproduce, modify, adapt, publish, display, and distribute such content.
You agree that content Shared will not be (a) false or misleading; (b) defamatory, derogatory, degrading or harassing of another person; (c) invade another individual’s privacy or transmits sensitive or personal information; (d) obscene or offensive; (e) infringe another’s rights, including intellectual property rights; or (f) contain viruses or other components designated to limit or harm the functionality of a computer.
You will not post any personal information, such as mailing address, telephone number, social insurance number, or email address through the Site.

All content Shared by you may be available to the public, and Jonas will not have any obligation to protect such content from loss or theft, or unauthorized access, disclosure, revision or use.

3. RESERVATION OF RIGHTS
The Site, Services, and materials provided to you through access of the Site are the intellectual property and copyright works of Jonas.  All rights, title, and interest not expressly granted with respect to the Site and materials are reserved.  All materials provided on the Site are available to you on an “as is” basis.  While Jonas makes the materials available to you on the Site, Jonas expressly retains all copyright and related proprietary rights to such materials.

4. MONITORING
Except as expressly set forth in Jonas’ Privacy Policy, Jonas reserves the right, from time to time, without notice to you and in its sole discretion, to (a) monitor and review all use of, and activity occurring on, the Site, (b) monitor and review all use of Jonas’ content on the Site, and (c) remove any portion of the Site.

5. LIMITATION OF USE
Jonas may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or its content.  You agree that Jonas may, in its sole discretion, terminate or limit your access to the Site (a) if Jonas determines that you have infringed the copyright of a third party, or failed to perform an obligation set forth in these Terms, or (b) for any other reason.  You agree that Jonas shall not be liable to you or to any third party for any termination or limitation of access to the Site.

6. THIRD PARTY WEB SITES
The Site may provide links to websites and access to content, products and services of third parties, including advertisers, affiliates, and sponsors of the Site.  By providing these links, Jonas is not endorsing, sponsoring, or recommending such sites or materials provided or listed on any part of such websites.  Jonas is not responsible for any third-party content provided or accessible through Site.  You assume all risks associated with its use and access to such websites, products, or services.

7. DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  JONAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE.  FOR THE SAKE OF CLARITY, JONAS MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE OR RELIABLE; OR, (D) THE QUALITY OF SERVICES PROVIDED WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESS, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE SITE WILL BE AT THE YOUR OWN DISCRETION AND RISK.  JONAS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT.

8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL JONAS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR USE OF THE SITE OR ANY CONTENT PROVIDED OR ACCESSED THROUGH THE SITE. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL JONAS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR MORE THAN FIVE HUNDRED UNITED STATES DOLLARS ($500) FOR DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE SITE OR ANY CONTENT PROVIDED OR ACCESSED THROUGH THE SITE.

9. JURISDICTION
These Terms shall be construed in accordance with the laws of the Province of Ontario, notwithstanding any conflict of law provisions.  You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding related to this Site and agree that any proceeding in connection with these Terms will be commenced only in Toronto, Ontario, Canada.

D. REGISTRATION AND PRIVACY
Certain Services and functionalities available on the Site may require you to register.  By registering on the Site, you represent, warrant, and otherwise fully confirm to Jonas that all information provided, as prompted by the applicable registration form is current, complete, and accurate information.  You agree to update this data when necessary to ensure it is current and accurate.  You will be solely responsible for ensuring registration information, including password and username, are kept confidential and are not shared with any other person.  Jonas will not be responsible should an unauthorized person gain access and/or use your password or account, unless such access or use is directly caused by Jonas’ gross negligence or intentional misconduct or Jonas’ Privacy Policy expressly provides otherwise.  You agree to notify Jonas immediately of any unauthorized use of account or password or other breach of these Terms.
Jonas reserves the right to use all registrations and personally identifiable user information, subject to Jonas’ Privacy Policy.  Please click here to review our complete Privacy Policy.

ELECTRONIC RECORD DISCLOSURE AND E-SIGNATURE TERMS

(the “Terms”)

These Terms govern access to and use of the Jonas Construction (“Jonas Construction”, “we”, “our” or “us”) electronic record disclosure and electronic signature services (the “Disclosure and Signature Services”) by individuals and business entities who are any of the following (collectively, “you” or “your”):

• subscribers or licensees to one or more of our products or services (“Jonas Construction Services”) (each, a “Customer”);
• users of Jonas Construction Services, including authorized users of Customer accounts and other permitted end users (each, a “User”); and
• third parties who may be receiving documents through thes Jonas Construction Services via Customers or Users.

If you are the recipient of an electronic document through the Disclosure and Signature Services at the request of a Customer or User (each such party a “Sending Party” herein), please note that you are not required to agree to receive notices and disclosures electronically, nor are you required to sign documents electronically. If you prefer, you may elect to sign on paper, request paper copies, and/or withdraw your consent to receive electronic notices and disclosures at any time as described below.

If you are a Customer and have a master services agreement or other similar agreement in effect with Jonas Construction (“MSA Terms”), then these Terms apply in addition to those MSA Terms and specifically govern the use of the Disclosure and Signature Services (and to the extent any of the Jonas Construction Services are not already governed by the MSA Terms), but do not replace, supersede or alter any MSA Terms.

From time to time, we may be required by law to provide you with certain written notices or disclosures. These Terms are intended to govern agreements with business entity Customers and do not apply for personal, consumer use (as defined by applicable consumer protection laws).  As such, consumers may not avail themselves of all rights granted under these Terms.

BY ACCESSING, USING, OR DOWNLOADING FROM THE DISCLOSURE AND SIGNATURE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE DISCLOSURE AND SIGNATURE SERVICES IMMEDIATELY.

1. ACCEPTANCE, ACCESS AND USE

1.1. Eligibility to Use.  You represent and warrant that you:

1. are of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction);
2. are competent and authorized (on behalf of yourself and/or the business you represent) to agree to these Terms on behalf of yourself, your company or business, as applicable;
3. can fully access and view the entirety of the document(s) provided to you through the Disclosure and Signature Services;
4. understand that your electronic signature is valid, legally binding and enforceable, and is considered equivalent to a handwritten/ manual signature;
5. acknowledge and agree that acceptance of these Terms is voluntary, and your consent to sign any document electronically through the Disclosure and Signature Services is given voluntarily, without duress or undue influence;
6. are able to print on paper, electronically save, or email these Terms for your future reference and access; and
7. consent to receive, exclusively by electronic means, all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Jonas Construction during the course of your relationship with Jonas Construction.

By clicking / selecting the checkbox next to “I accept these Terms and agree to use and sign documents through Disclosure and Signature Services”, you are hereby confirm your compliance with this Section 1.1.

1.2. Limited Right to Use.  Upon your acceptance of these Terms, you may utilize the Disclosure and Signature Services solely for your internal business purposes and only as expressly permitted in these Terms. Any violation by you of these Terms may result in the immediate termination of your right to use the Disclosure and Signature Services, as well as potential liability for infringement or other claims depending on the circumstances.

1.3. Updates.  We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in our sole discretion, including to reflect changes in applicable law. We will post the revised terms on the Jonas Construction website (the “Site”) with a “last updated” date. Please review the site on a regular basis to obtain timely notice of any revisions. If you continue to use the site or the Disclosure and Signature Services after the revisions take effect, you agree to be bound by the revised Terms. You agree that we will not be liable to you or to any third party for any revision to the Terms.

2. SCOPE OF CONSENT; WITHDRAWAL

Your use of the Disclosure and Signature Services pursuant to these Terms includes your consent to receive electronic notices, disclosures, and documents (for the purposes of signing electronically) over the course of your relationship with the Sending Party.

If at any time you wish to withdraw your consent, please immediately notify the Sending Party that you do not wish to receive any electronic communications through the Disclosure and Signature Services. You are not required to agree to receive notices and disclosures electronically, nor are you required to sign documents electronically. Such request should also include a request to instead provide you with documents, notices and disclosures in paper format going forward, to ensure the method of transmission between you and Sending Party is clear.

After withdrawing such consent, if at any point in the future you decide to use the Disclosure and Signature Services, such use will be a reinstatement of your consent to receive notices, disclosure and documents electronically.

You are not able to withdraw or undo your electronic signature on a given document after you have electronically applied your signature to that document and clicked “Accept and Sign”. Each electronic signature is legally binding once applied, but there is no obligation to continue to use the Disclosure and Signature Services or sign any document provided thereunder.

3. SIGN ON PAPER; PAPER COPIES

Prior to using the Disclosure and Signature Services to sign any document sent to you electronically, you may elect to use the “Sign on Paper” option. Using this option will allow you to print the document, sign the physical copy of the document in wet ink, scan the signed version, and upload the executed document into the application. For greater clarity, this usage remains in the scope of these Terms and submitting a scan of the printed document through Jonas Construction’s interface qualifies as a use of the Disclosure and Signature Services.

If you have clicked into electronically signing but wish to go back and sign on paper, clicking / selecting the checkbox “Cancel” will allow you to go back to the previous webpage to access the “Sign on Paper” option.

4. DECLINING TO SIGN

There is no obligation to sign any document sent to you through the Disclosure and Signature Services.

If you chose not to continue with the signature, the user would not save the document with the signature.

If you cannot view a document in its entirety, do not sign until you have a chance to fully review the document you are being asked to sign. Let the Sending Party know if you have any questions about the document(s) or if you are having difficulty viewing the contents of any message.

5. UPDATING CONTACT INFORMATION

If at any time you change or update your email address or other contact information, you must contact the Sending Party so they can update that information.

6. SYSTEM REQUIREMENTS

Use of the Disclosure and Signature Services requires a recent version of web browsers such as Chrome, Firefox, Safari, or Microsoft Edge. Viewing PDF documents might require additional software such as Adobe Reader or an equivalent tool. If you have difficulty accessing or viewing any documents that have been sent to you through the Disclosure and Signature Services, contact Sending Party to notify them that you are not able to access the documents.

Do not sign any document you are unable to view in its entirety.

7. DISCLAIMERS

Jonas Construction bears no responsibility for the ongoing storage of the documents or contracts that you execute using the Disclosure and Signature Services and shall have no liability to you in respect of any damages you may incur as a result of your use of the Disclosure and Signature Services. It is good practice to save copies of any documents you receive through the Disclosure and Signature Services locally.

Sending Party will sometimes send documents requiring your signature or initials in multiple places on one document. Once you have clicked in to sign electronically, the Disclosure and Signature Services will automatically apply your signature or initials, as applicable, into each space where Sending Party required such signature or initials. You consent to Jonas Construction inserting your electronic signature and/or initials in each location of the document where your signature or initials is required, but you will not be bound by this application of signatures until you scroll through the entire document(s) to review and click “Accept and Sign”. Upon submitting the signed document(s) using the “Accept and Sign” option, the document will be considered executed and legally binding.

As noted above, Jonas Construction provides you the ability to preview, print, or download the signed document before you submit it. It is your responsibility to review the entire signed document to make sure that you agree with the document in its entirety, including but not limited to each and all of the places where your signature and/or initials have been inserted.

All materials, including, without limitation, text, graphics and other files, and the arrangement thereof, are the property of Jonas Construction. Jonas Construction reserves all rights associated with such intellectual property.

8. GENERAL

8.1.  Third Party Content. We may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such services. JONAS CONSTRUCTION IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE LOCATED OUTSIDE THE DISCLOSURE AND SIGNATURE SERVICES, OUR SITE OR POSTS OF USER CONTENT, EXCEPT TO THE EXTENT SUCH RESPONSIBILITY CANNOT BE LAWFULLY EXCLUDED UNDER APPLICABLE LAW. Your correspondence or business dealings with any Sending Party and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Sending Party.

8.2.  Independent Contractors. At all times, you and Jonas Construction are independent contractors, and are not the agents or representatives of the other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries to these Terms. You must not represent to anyone that you are an agent of ours or are otherwise authorized to bind or commit us in any way without our prior written authorization.