Terms Of Use

Terms Of Use


Updated: September 01, 2014

TERMS OF USE

The www.JoeTerceira.com website (herein referred as the “Site”) is a website provided by Joe Terceira (herein referred as the “Company”). If you continue to browse and access the site, you are agreeing to comply with and be bound by the terms and conditions. Please do not access or use the Site should you disagree with any part of the terms of conditions.

Please note that www.JoeTerceira.com may change this agreement without notice, such that the effect of the amendment shall be effective immediately upon the posting of the modified agreement on the Site. Your continued access of this site shall be deemed a conclusive acceptance of the amended agreement.

COPYRIGHT AND TRADEMARK NOTICES

This website contains material which is owned by or licensed to Joe Terceira, www.JoeTerceira.com, its affiliates or other third party licensors, and is protected by international copyright and trademark laws. The material includes but is not limited to content, text, graphics, episodes, code and software. You may not modify, copy, reproduce, republish, transmit or edit the material in any manner. You may share our website on your own websites and blogs provided that it is not altered in any manner. Portions of material from the different areas in the Site may be printed and downloaded provided that these be used for personal and non-commercial purposes and that you agree not to alter any copyright or proprietary notice from the materials. You agree to grant Joe Terceira, www.JoeTerceira.com a worldwide non-exclusive, royalty-free, perpetual license to exercise the rights in the material as stated below:

  1. To sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to www.JoeTerceira.com by all means and in any media now known or hereafter developed.
  2. Use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto.
  3. To have no recourse against Joe Terceira, www.JoeTerceira.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to www.JoeTerceira.com.

All publications, products, content, or services referenced in the Site are the exclusive trademarks or service marks of Joe Terceira, www.JoeTerceira.com and are protected by international copyright and trademark laws. Other products and company names mentioned in the Site which are not the property of or licensed to www.JoeTerceira.com are acknowledged on the website.

YOUR RIGHT TO USE THE SITE AND ITS CONTENT

With the exception of information, products, or services clearly identified as being supplied by www.JoeTerceira.com, the Site does not operate, control, or endorse any information, products, or services on the Internet in any way. All information, products, or services that are not identified to www.JoeTerceira.com but are offered through the Site or on the Internet generally are by and from third parties that are not affiliated with www.JoeTerceira.com.

Files available for downloading through the Site are not guaranteed by www.JoeTerceira.com to be free from infection or viruses, worms, Trojan horses, or other codes that may contaminate or destroy properties. You shall take the responsibility of implementing adequate procedures to meet your particular requirements for data input and output accuracy, and for upholding your own means for the retrieval of any lost data.

You agree to assume all risk and responsibility for your use of the Site and the Internet. The Site provides “as is” information and does not express or imply representations, endorsements, or warranties with regard to the Site or any merchandise information provided generally on the Internet. The Site does not make implied warranties of title or non-infringement or of merchantability or fitness for certain purposes. As such, www.JoeTerceira.com shall not be deemed accountable for cost or damages resulting from the aforementioned transactions. It does not guarantee that the Site will be free of error nor the correction of any defect in service. You agree that the Internet in general contains unfiltered materials of which some may be offensive to you. Access such materials at your own risk. www.JoeTerceira.com has no control for or responsibility over such materials.

THIRD PARTY

The provisions under the use of the Service and indemnification are for the benefit of www.JoeTerceira.com and its agents, officers, employees, suppliers and third party information providers. These individuals and entities shall have claims to uphold and implement the provisions directly against you on their own behalf.

DISCLAIMER

In no event will www.JoeTerceira.com be liable for:

  1. Any compensatory, direct, indirect, incidental, consequential, or punitive damages, loss of programs or data, income or profit, business interruption, and the like with regard to services, products, and information provided through in or downloaded from the service, or any delay of such information or service.
  2. Any claim attributable to errors or inaccuracies in services, products, or information downloaded through the service even if www.JoeTerceira.com or its authorized representatives have been advised of the possibility of such damages. Liability exclusion or limitation for consequential or incidental damages is not allowed in some states or provinces. In such cases, the liability is limited to the greatest extent that is legally allowable.

The Company has no control and does not accept any responsibility for the content or use of websites that may be linked to www.JoeTerceira.com. The company does not necessarily endorse such independent websites even if links to them can be found on rwww.JoeTerceira.com.

TERMINATION

Either party may terminate this agreement without notice at any time for any reason. The provisions under pertinent paragraphs including “Copyright and Trademark Notices”, “Your Right to Use the Site and Its Content”, “Indemnification”, “Third Party”, and “General” shall survive any termination of this agreement.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Joe Terceira, www.JoeTerceira.com, its agents, officers, employees, suppliers, and third party information providers against any and all liabilities, losses, expenses, damages, and costs, including reasonable legal fees, arising from any violation of this agreement including negligent or wrongful conduct by you or any other person accessing the Site and its products, services, and information.

GENERAL

This agreement shall all be governed by the laws of the Province of Ontario, Canada. The terms and conditions herein constitute the entire agreement between www.JoeTerceira.com and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in the Province of Ontario, Canada and must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The failure or www.JoeTerceira.com to insist upon or enforce strict performance of any provision of this terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. www.JoeTerceira.com may assign its rights and duties under this agreement to any party at any time.