Welcome to the Brastilo Web site (the "Site"), operated by Brastilo, Inc. ("Brastilo").Your use of the Site is governed by the following terms and conditions along with any policies posted on the Site from time to time, including the Privacy Policy. By viewing or using the Site constitutes your agreement, on behalf of yourself and on behalf of the entity that you represent (hereinafter "you" or "your"), to all of the terms and conditions provided below, legal notices, privacy policy and all disclaimers and terms and conditions that appear elsewhere on the Site.
Brastilo reserves the right to update or modify these terms and conditions at any time without prior notice. Your continued use of the Site following any such changes constitutes your acceptance of the new terms. If you do not agree with any of these terms and conditions, do not use the Site.
Use of Content
Brastilo.com and its entire content (the "Content") are protected by United States and international copyright, trademark or other proprietary rights of Brastilo or third parties.
Except to certain selected portions of the Content, which contains interactive features, You may not download, modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, without express written authorization from Brastilo. In case of interactive or authorized downloading, no right, title or interest is transferred to you as a result of any such downloading. Brastilo reserves complete title and full intellectual property rights in any Content You download from this Web site.
Visitors to Brastilo's online store may submit reviews of any product sold on our site, provided the content is not illegal, inaccurate, threatening, obscene, libelous or defamatory, in violation of any third-party rights (including intellectual property or privacy rights), or otherwise objectionable and does not consist of or contain political campaigning or commercial solicitation. Additionally, content must not focus on service and support issues (please contact customer service regarding these issues.) Product reviews only, please. You may not use a false e-mail address, pretend to be another person or entity, or otherwise mislead others. Brastilo reserves the right but has no obligation to publish any review. You may not submit more than one review per product. Brastilo has the right but not the obligation to monitor or remove any content.
If you do submit a review, and unless we indicate otherwise, you grant Brastilo and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right and license (a) to use, reproduce, store, modify, adapt, publish, translate, create derivative works from, distribute, and display your content throughout the world in any media and (b) to use, reproduce, distribute and display the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate and not misleading; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Brastilo and its affiliates for all claims and damage resulting from any and all content you supply and your violation of these Terms and Conditions.
We welcome your comments regarding the Brastilo web site. However, please do not send Brastilo any comments, ideas, suggestions or creative materials that you wish to maintain exclusive ownership or confidential. Brastilo will be deemed free to use, reproduce, disclose, publish distribute and exploit any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
Intended Users
The Site is intended for use by individuals over the age of legal majority who can enter into legally binding agreements (the "Legal Age"). Users under the Legal Age should get the assistance of a parent or guardian to use the Site.
Termination of Use
Brastilo may, in its sole discretion block, terminate or suspend your and any user's access to the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Brastilo reserves the right to discontinue, suspend or modify the Site at any time without notice.
Orders
Brastilo reserves the right to reject any order you place, and/or to limit quantities on any order, without giving any reason. If Brastilo rejects your order, it will attempt to notify you using the e-mail address you provided with the order. If your order is rejected, your credit or debit card will normally not be charged, otherwise Brastilo will process a refund if the charge has been made. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Site reserves the right at any time after receipt of your order to accept or decline your order for any reason. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered.
Disclaimer of Warranties: Limitation of Liability
This Site and its Content are provided on an "as is" and "as available" basis and Brastilo makes no warranties or representations as to the Site's accuracy, timeliness, reliability, completeness or otherwise. BRASTILO SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. FURTHERMORE, BRASTILO SHALL NOT be liable for any damages whatsoever, and in particular BRASTILO shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BRASTILO has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold Brastilo, its affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, of any intellectual property or any other right of any person or entity.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (the "Act"), Brastilo has implemented procedures to receive written notifications of claimed copyright infringement. All claims must be submitted to Brastilo in a written complaint that complies with the statute and delivered to our designated agent to receive notifications of claimed infringement by mail:
Brastilo, Inc.
800 Douglas Rd., Suite 105
Coral Gables, FL 33157
Notifications that do not comply with the Act shall not be considered effective.
Use in Other Countries
Brastilo makes no representation that content provided on the Site is applicable to, or appropriate for use in, locations outside of the United States. If you choose to access the Site from a location outside the United States, You do so on Your own initiative and You are responsible for compliance with local laws.