Jou Homes Development Inc. — Jou Living
Last Updated: January 1, 2025
By accessing, browsing, or using the website located at https://www.jouliving.autos (the "Site") and any associated services, applications, or platforms provided by Jou Homes Development Inc. ("Jou Living," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms") and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and Jou Homes Development Inc., a corporation duly organized under the laws of Canada, with its principal place of business at 302-3100 Steeles Ave E, Markham, Ontario L3R 8T3, Canada. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site and all related services.
These Terms apply to all visitors, users, and others who access or use the Site, including but not limited to individuals, corporations, partnerships, and any other legal entities. By using the Site, you represent and warrant that you are at least the age of majority in your jurisdiction of residence (typically 18 or 19 years of age) and that you have the full legal capacity to enter into these Terms. If you are using the Site on behalf of an organization, you further represent and warrant that you have the authority to bind that organization to these Terms, and such organization agrees to be fully liable for any breaches of these Terms by you or any of its representatives.
Jou Living reserves the right, in its sole and absolute discretion, to modify, amend, or update these Terms at any time without prior notice. Any changes will become effective immediately upon posting on the Site, and your continued use of the Site after such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates. We may also provide additional notice of material changes via email or a prominent notice on the Site, but we are not obligated to do so. You agree that your use of the Site after any modification indicates your binding acceptance of the modified Terms.
These Terms are governed by and construed in accordance with the laws of Canada and the Province of Ontario, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the courts located in Markham, Ontario, Canada. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue or inconvenient forum. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Jou Living regarding your use of the Site and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Jou Living's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign or transfer these Terms, by operation of law or otherwise, without Jou Living's prior written consent, and any attempted assignment without such consent shall be void.
Important: By using the Site, you agree to resolve any disputes through binding individual arbitration, as further described in the General Provisions section. You also agree to waive your right to participate in class actions or class-wide arbitrations. Please read these Terms carefully before using the Site.
Jou Homes Development Inc., operating as Jou Living, provides a comprehensive platform for real estate development, property management, and related services. Our offerings include, but are not limited to, the design, construction, marketing, sale, and leasing of residential and commercial properties, as well as advisory and consulting services for property owners, investors, and developers. The Site serves as a digital gateway to showcase our portfolio, provide information about our projects, facilitate communication with potential clients and partners, and offer resources related to real estate development and home living.
Our services are designed to assist users in exploring property options, understanding market trends, and engaging with our team for personalized solutions. Through the Site, you may access detailed descriptions of our developments, including floor plans, amenities, pricing, and availability. We also provide tools for scheduling appointments, submitting inquiries, and registering interest in upcoming projects. However, all information provided on the Site is for general informational purposes only and does not constitute a binding offer, contract, or professional advice. You should not rely solely on the information presented on the Site without seeking independent verification from qualified professionals.
Jou Living reserves the right to modify, suspend, or discontinue any aspect of the Site or its services at any time, with or without notice, and without liability to you or any third party. We may also impose limits on certain features or restrict access to parts or all of the Site without prior notice. The availability of our services may be subject to geographic restrictions, regulatory approvals, and other conditions beyond our control. We make no representation that the Site or its content is appropriate or available for use in locations outside of Canada, and accessing the Site from jurisdictions where its content is illegal is prohibited.
To access certain features of the Site, you may be required to create an account or provide personal information. You agree to provide accurate, current, and complete information during the registration process and to update such information promptly to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You must notify Jou Living immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.
Our services may include third-party links, advertisements, or integrations with external platforms. Jou Living does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party websites or services. Your interactions with such third parties are solely between you and them, and we disclaim all liability arising from such interactions. We encourage you to review the terms and policies of any third-party services before engaging with them. Additionally, we may use cookies, analytics, and other tracking technologies to enhance your experience, as described in our Privacy Policy.
Jou Living may offer promotional materials, newsletters, or marketing communications via email or other channels. By providing your contact information, you consent to receive such communications from us. You may opt out of marketing emails at any time by following the unsubscribe instructions provided in the communication. However, we reserve the right to send you transactional or administrative messages related to your account or our services, which you cannot opt out of. We strive to provide accurate and up-to-date information on the Site, but we do not warrant that descriptions, images, or other content are error-free, complete, or current.
As a condition of your use of the Site, you agree to comply with all applicable laws, regulations, and these Terms. You are solely responsible for your conduct while using the Site and for any content, data, or information that you submit, post, or transmit through the Site. You agree not to use the Site for any unlawful, fraudulent, or harmful purpose, including but not limited to violating intellectual property rights, infringing on privacy, or distributing malware. You must not attempt to gain unauthorized access to any part of the Site, its servers, or systems, or interfere with the proper functioning of the Site.
You are prohibited from engaging in any activity that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site. This includes, without limitation, introducing viruses, worms, Trojan horses, or other malicious code; conducting denial-of-service attacks; scraping, crawling, or data mining the Site without our express written permission; or using automated tools to access or manipulate the Site. You may not use the Site to transmit unsolicited commercial communications (spam) or to engage in any form of solicitation without our prior consent.
When using the Site, you agree to provide truthful and accurate information. You must not impersonate any person or entity, misrepresent your affiliation with any person or entity, or provide false or misleading information. You are responsible for ensuring that any content you submit does not violate the rights of any third party, including copyright, trademark, privacy, or publicity rights. You retain ownership of any content you submit, but you grant Jou Living a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, and display such content in connection with the operation of the Site and our business.
You acknowledge that Jou Living may, in its sole discretion, monitor, review, or remove any user content or activity on the Site for any reason or no reason, including but not limited to content that we believe violates these Terms or applicable law. We are not obligated to monitor the Site, but we reserve the right to take appropriate action against any user who violates these Terms, including suspending or terminating access to the Site, reporting violations to law enforcement, or pursuing legal remedies. You agree to cooperate with any investigation by Jou Living or law enforcement authorities regarding your use of the Site.
You are responsible for maintaining the security of your device, internet connection, and any software used to access the Site. Jou Living is not liable for any loss or damage resulting from your failure to safeguard your account or device. You must immediately notify us of any known or suspected breach of security or unauthorized use of your account. You agree to indemnify and hold Jou Living harmless from any claims, losses, or damages arising out of your failure to comply with these responsibilities, including any claims made by third parties.
Users are expected to use the Site in a manner that respects the rights and dignity of others. Harassment, hate speech, threats, or any form of abusive behavior is strictly prohibited. You must not post or transmit any content that is defamatory, obscene, pornographic, or otherwise objectionable. Jou Living reserves the right to remove any content that we deem inappropriate, and to take action against users who engage in such conduct, including permanent suspension of access. We encourage users to report any violations of these Terms to our contact email.
All content, materials, and intellectual property available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and layout of the Site (collectively, the "Content"), are the exclusive property of Jou Homes Development Inc., its affiliates, licensors, or other content providers, and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws. The Content is provided for your personal, non-commercial use only, and you may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any part of the Content without the prior written consent of Jou Living.
The trademarks, service marks, trade names, and logos displayed on the Site, including "Jou Living," "Jou Homes Development Inc.," and any associated designs or slogans, are registered or unregistered trademarks of Jou Homes Development Inc. or its licensors. Nothing in these Terms or on the Site grants you any right or license to use any trademark, service mark, or logo without our express written permission. You are prohibited from using any such marks in any manner that could cause confusion, disparage, or dilute our brand. All goodwill arising from the use of our trademarks inures solely to the benefit of Jou Homes Development Inc.
You may download or print a single copy of portions of the Content for your personal, non-commercial reference, provided you retain all copyright and other proprietary notices. Any other use of the Content, including but not limited to republication, redistribution, transmission, or creation of derivative works, is strictly prohibited without our prior written authorization. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without our consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written permission.
If you submit any ideas, suggestions, feedback, or other materials to Jou Living regarding the Site or our services (collectively, "Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, and exploit such Feedback for any purpose, without any compensation or attribution to you. You represent and warrant that your Feedback does not infringe the rights of any third party and that you have the full right to grant this license. We are under no obligation to keep any Feedback confidential or to respond to any submissions.
Jou Living respects the intellectual property rights of others and expects users to do the same. If you believe that any content on the Site infringes your copyright, please notify us in writing at the contact address provided below, with the following information: (a) a description of the copyrighted work you claim is infringed; (b) a description of the infringing material and its location on the Site; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. We will respond to valid notices in accordance with applicable law.
Unauthorized use of the Content may violate copyright, trademark, and other laws, and may result in civil or criminal penalties. Jou Living will aggressively enforce its intellectual property rights to the fullest extent of the law. Any unauthorized reproduction, distribution, or modification of the Content may result in legal action, including claims for damages and injunctive relief. You agree to indemnify and hold us harmless from any claims arising out of your unauthorized use of the Content.
Jou Living places a high priority on the protection of confidential information. As part of your use of the Site and any interactions with us, you may be exposed to or receive information that is proprietary, confidential, or trade secret in nature, including but not limited to business plans, financial data, project details, client lists, technical specifications, and other non-public information (collectively, "Confidential Information"). You agree to hold all Confidential Information in strict confidence and not to disclose, publish, or disseminate any Confidential Information to any third party without the prior written consent of Jou Living.
Your obligation to maintain confidentiality applies to all forms of Confidential Information, whether disclosed orally, in writing, electronically, or through any other medium. You must use the same degree of care to protect Confidential Information as you use to protect your own confidential information of a similar nature, but in no event less than reasonable care. You may only use Confidential Information for the purpose for which it was disclosed to you, and you must not use it for your own benefit or the benefit of any third party. Upon request by Jou Living, or upon termination of your access to the Site, you must promptly return or destroy all copies of Confidential Information in your possession.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of your own; (b) was rightfully in your possession prior to disclosure by Jou Living; (c) is independently developed by you without use of or reference to Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that you give Jou Living prompt notice of such requirement and cooperate with us to seek a protective order or other appropriate remedy. You acknowledge that unauthorized disclosure of Confidential Information could cause irreparable harm to Jou Living, and we may seek injunctive relief without the necessity of posting bond.
You agree that all Confidential Information remains the sole and exclusive property of Jou Living or its disclosing parties. Nothing in these Terms grants you any license, right, or interest in any Confidential Information. You must not copy, reverse engineer, decompile, or disassemble any Confidential Information or attempt to derive the source code or underlying structure of any software or systems provided to you. You must immediately notify Jou Living of any suspected or actual breach of confidentiality and take all reasonable steps to mitigate any harm.
These confidentiality obligations survive the termination of these Terms and your use of the Site, and continue indefinitely for as long as the information remains confidential. You agree to bind your employees, agents, contractors, and representatives to these confidentiality obligations. Jou Living may also require you to sign a separate non-disclosure agreement for specific projects or interactions. Any breach of confidentiality may result in legal action, including claims for damages and injunctive relief, and may also constitute a violation of these Terms leading to immediate termination of your access.
Jou Living also takes reasonable measures to protect the confidentiality of your personal information, as described in our Privacy Policy. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. By using the Site, you acknowledge and accept the inherent risks associated with online communications and agree that Jou Living is not liable for any unauthorized access to or disclosure of your information, except as required by applicable law. We encourage you to use strong passwords and to avoid sharing sensitive information through unsecured channels.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOU HOMES DEVELOPMENT INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE CONTENT, OR ANY SERVICES PROVIDED HEREUNDER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF JOU LIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS.
JOU LIVING SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE; (E) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE; OR (F) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE USE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF JOU LIVING TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO JOU LIVING IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND JOU LIVING, AND THAT JOU LIVING WOULD NOT ENTER INTO THESE TERMS OR PROVIDE ACCESS TO THE SITE WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JOU LIVING'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND YOUR USE OF THE SITE.
THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOU HOMES DEVELOPMENT INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. JOU LIVING DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
JOU LIVING MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, OR QUALITY OF ANY CONTENT ON THE SITE. ANY RELIANCE ON SUCH CONTENT IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET GENERALLY. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE.
WITHOUT LIMITING THE FOREGOING, JOU LIVING DOES NOT WARRANT THAT THE SITE OR ITS CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THOSE WHO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS. WE MAKE NO REPRESENTATION THAT THE CONTENT ON THE SITE COMPLIES WITH THE LAWS OF ANY JURISDICTION OUTSIDE OF CANADA. IF YOU ACCESS THE SITE FROM A JURISDICTION WHERE SUCH CONTENT IS PROHIBITED, YOU DO SO IN VIOLATION OF THESE TERMS AND AT YOUR OWN RISK.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOU LIVING OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. JOU LIVING SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL.
THE DISCLAIMERS IN THIS SECTION ARE A FUNDAMENTAL PART OF THESE TERMS AND REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. YOU ACKNOWLEDGE THAT JOU LIVING WOULD NOT PROVIDE ACCESS TO THE SITE WITHOUT THESE DISCLAIMERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JOU LIVING'S WARRANTIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Jou Homes Development Inc., its affiliates, officers, directors, employees, agents, licensors, and successors from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your use of the Site or any services provided therein; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any rights of any third party, including but not limited to intellectual property rights, privacy rights, or contractual rights; (d) any content or information you submit, post, or transmit through the Site; or (e) any negligent or wrongful act or omission by you or your representatives.
Jou Living reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claim without the prior written consent of Jou Living if such settlement would impose any obligation or liability on us or require us to admit any wrongdoing. Your indemnification obligations survive the termination of these Terms and your use of the Site.
You agree to promptly notify Jou Living of any claim or potential claim that may give rise to an indemnification obligation under these Terms. We may, at our option, require you to assume the defense of any such claim using counsel reasonably acceptable to us. If we assume defense, you shall reimburse us for all costs and expenses incurred. Your failure to comply with your indemnification obligations shall not relieve you of liability, but may affect our rights to recover certain costs.
This indemnification provision applies to all claims, whether based in contract, tort, statute, or any other legal theory. You acknowledge that the limitations of liability set forth in these Terms do not limit your indemnification obligations. Jou Living reserves the right to seek equitable relief, including injunctive relief, to prevent or remedy any breach of these Terms, and such relief shall be in addition to any other remedies available at law or in equity.
If you are using the Site on behalf of an organization, that organization agrees to indemnify Jou Living for any claims arising from the use of the Site by its employees, agents, or representatives. You and your organization agree to cooperate fully in the defense of any claim and to allow Jou Living to participate in the defense. We reserve the right to employ separate counsel at our own expense if a conflict of interest arises. Any settlement or compromise of a claim that imposes any obligation on us requires our prior written consent.
You agree that your indemnification obligations are independent of any other obligations under these Terms and shall survive any termination or expiration of these Terms. Jou Living's failure to enforce any part of this indemnification provision shall not constitute a waiver of its rights. This indemnification is in addition to any other rights or remedies we may have under applicable law.
Jou Living reserves the right, in its sole discretion and without prior notice, to suspend, terminate, or restrict your access to the Site or any part thereof, at any time and for any reason, including but not limited to a breach of these Terms, violation of applicable law, or conduct that we deem harmful to the Site, our business, or other users. Upon termination, your right to use the Site immediately ceases, and you must destroy any copies of Content or Confidential Information in your possession. Jou Living shall not be liable to you or any third party for any termination of access.
You may terminate these Terms at any time by discontinuing use of the Site and destroying all materials obtained from it. However, certain provisions of these Terms, including but not limited to Intellectual Property, Confidentiality, Limitation of Liability, Disclaimer, Indemnification, and Governing Law, shall survive termination and continue to apply indefinitely. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations if any.
Upon termination, Jou Living may, but is not obligated to, delete or archive your account information, user content, and any other data associated with your use of the Site. We are not responsible for any loss of data resulting from termination. You are advised to maintain backups of any important information. Jou Living may also retain certain information as required by law or for legitimate business purposes, as described in our Privacy Policy.
If your access is terminated due to a breach of these Terms, you agree not to attempt to re-register or access the Site through any other means, including using a different account or identity. Jou Living may take legal action to enforce this restriction, including seeking injunctive relief. Any unauthorized access after termination is a violation of these Terms and may subject you to legal liability.
Jou Living may also terminate or suspend the Site or any services offered therein, in whole or in part, at any time without liability. We will make reasonable efforts to provide notice of such termination, but we are not obligated to do so. You agree that Jou Living shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or services.
The provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, confidentiality, disclaimers, limitations of liability, indemnification, and governing law, shall remain in full force and effect. Any termination of these Terms does not affect any rights or obligations that have accrued prior to termination.
These Terms and any disputes arising out of or relating to them, whether in contract, tort, or otherwise, shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to any conflict of law principles that would require the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be instituted exclusively in the courts located in Markham, Ontario, Canada, and you hereby consent to the personal jurisdiction of such courts.
You waive any objection to venue in Markham, Ontario, and any claim that such forum is inconvenient or improper. If you access the Site from outside Canada, you do so at your own initiative and are responsible for compliance with local laws. Jou Living makes no representation that the Site or its content is appropriate or available for use in any location outside Canada. Any claim or cause of action arising out of or related to these Terms or the Site must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Notwithstanding the foregoing, Jou Living may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to enforce these Terms. You agree that a breach of these Terms may cause irreparable harm for which monetary damages would be inadequate, and Jou Living is entitled to seek injunctive relief without the necessity of posting bond or proving actual damages.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent. The failure of Jou Living to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between you and Jou Living regarding your use of the Site and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. No modification of these Terms shall be effective unless in writing and signed by an authorized representative of Jou Living. You may not assign these Terms without our prior written consent, and any attempted assignment without such consent shall be void. Jou Living may assign these Terms at any time without notice.
The parties acknowledge that they have required that these Terms and all related documents be drawn up in English. Les parties reconnaissent avoir exige que la presente convention et tous les documents connexes soient rediges en anglais. Any translation of these Terms is provided for convenience only, and the English version shall prevail in case of any discrepancy.
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Jou Homes Development Inc. regarding your use of the Site. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and Jou Living's failure to assert any right or provision shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.
You may not assign or transfer these Terms, by operation of law or otherwise, without Jou Living's prior written consent, and any attempted assignment without such consent shall be void. Jou Living may freely assign these Terms at any time without notice. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. Nothing in these Terms shall create any third-party beneficiary rights.
Any notices required or permitted under these Terms shall be in writing and sent to the addresses provided in the Contact section below, or to such other address as a party may designate in writing. Notices shall be deemed effective upon receipt if delivered personally, or three (3) business days after being sent by certified mail, postage prepaid, or by recognized overnight courier. Email notices shall be deemed effective upon confirmation of receipt, but only if followed by a hard copy if required.
The section headings in these Terms are for convenience only and shall not affect the interpretation of any provision. Words used in the singular shall include the plural and vice versa, and references to "including" shall mean "including without limitation." The word "or" is not exclusive. These Terms shall be interpreted fairly and not strictly for or against either party, regardless of which party drafted them.
Jou Living may amend these Terms at any time by posting the revised version on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. We may also provide notice of material changes via email or a prominent notice on the Site, but we are not obligated to do so. It is your responsibility to review these Terms periodically. You can determine when these Terms were last updated by referring to the "Last Updated" date at the top of this page.
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding individual arbitration in Markham, Ontario, Canada, before a single arbitrator under the rules of the Arbitration Act of Ontario. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. You agree to waive any right to participate in a class action or class-wide arbitration. This arbitration provision shall survive termination of these Terms.
If you have any questions, concerns, or comments regarding these Terms of Service, the Site, or any related matters, please do not hesitate to contact us. We are committed to addressing your inquiries promptly and professionally. You may reach us through any of the following methods:
Jou Homes Development Inc.
302-3100 Steeles Ave E
Markham, Ontario L3R 8T3
Canada
Email: office@jouliving.autos
Phone: +1 (989) 783-5549
Website: https://www.jouliving.autos
For legal notices, including any notices required under these Terms, please send correspondence via certified mail to the address above, marked "Attention: Legal Department." We will make every effort to respond to your communication within a reasonable timeframe, typically within ten (10) business days. Please note that email communications may not be secure, and we recommend that you do not send sensitive or confidential information via email unless necessary.
If you have a complaint regarding the Site or our services, please provide us with a detailed description of the issue, including any relevant documentation, so that we can investigate and resolve the matter efficiently. We value your feedback and strive to maintain the highest standards of customer service. You may also contact us to request a copy of these Terms in an alternative format or to report any violations of these Terms by other users.
For inquiries related to intellectual property, including copyright or trademark concerns, please direct your communication to the Legal Department at the address above. We will respond to valid intellectual property claims in accordance with applicable law. For privacy-related questions, please refer to our Privacy Policy, which is incorporated into these Terms by reference.
Jou Living is committed to transparency and open communication. We encourage you to reach out with any questions or concerns. Your use of the Site is subject to these Terms, and by contacting us, you agree that we may use the information you provide to respond to your inquiry and improve our services. We look forward to assisting you.
This Contact section is for informational purposes only and does not create any obligation for Jou Living to respond to all inquiries. We reserve the right to prioritize responses based on the nature and urgency of the communication. In the event of a dispute, the contact information provided herein shall be used for all formal notices as required by these Terms.