A. INTRODUCTIONGary Jonas Computing Ltd. and Jonas Software USA LLC (“Jonas”), collectively, maintain a website, which 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.
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 CONTENTThe 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 RIGHTSThe 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.
5. LIMITATION OF USEJonas 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 SITESThe 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. DISCLAIMEREXCEPT 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 LIABILITYTO 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. JURISDICTIONThese 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.
LAST UPDATED: January 28th, 2020
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