Terms & Conditions
The following Terms and Conditions govern all use of the ajgodinho.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Anthony Godinho (“AJGODINHO”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, AJGODINHO’s Privacy Policy) and procedures that may be published from time to time on this Site by AJGODINHO (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by AJGODINHO, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
OWNERSHIP
The ajgodinho.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of AJGODINHO and are protected under the copyright laws of Canada and other countries. None of the content found on this Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of AJGODINHO.
PRODUCTS, SERVICES AND PAYMENTS
You agree to pay AJGODINHO all charges at the prices then in effect for the products and services you may purchase, and you authorize AJGODINHO to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. AJGODINHO reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Applicable taxes will be added to the sales price of purchases as deemed required by the law. AJGODINHO may change prices at any time. All payments shall be in U.S. dollars.
ELECTRONIC CONTRACTING
Your use of the AJGODINHO’s Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO AJGODINHO’S SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
CHANGES
AJGODINHO reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. AJGODINHO may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
TERMINATION
AJGODINHO may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ajgodinho.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by AJGODINHO if you materially breach this Agreement and fail to cure such breach within thirty (30) days from AJGODINHO’s notice to you thereof; provided that, AJGODINHO can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
The Website is provided “as is”. AJGODINHO and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AJGODINHO nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will AJGODINHO, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to AJGODINHO under this agreement during the twelve (12) month period prior to the cause of action. AJGODINHO shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that (i) your use of the Website will be in strict accordance with the AJGODINHO Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
INDEMNIFICATION
You agree to indemnify and hold harmless AJGODINHO, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
GOVERNING LAWS
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of ajgodinho.com and these Terms and Conditions.