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Medical Law, Health Law and LGPD in Brasília and São Paulo

moreira.lf@uol.com.br
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Terms of Use

Last updated: 03/10/2023

These "Terms and Conditions of Use of the Moreira e Bastos Advogados Website" ("Terms of Use") govern the rights and obligations related to the use of this website, entered into between Moreira & Bastos Advogados Associados ("Moreira e Bastos"), a private legal entity with an office in Brasília, DF, and practice in São Paulo, SP, and you, as a user or visitor, under the terms below.

Clause One — Obligations

By registering, accessing or otherwise using this website, you agree to comply with these Terms and Conditions set out below. Simply using this website implies knowledge and acceptance of these Terms and Conditions. In certain specific cases, we may also ask you to agree explicitly.

Clause Two — Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an e-mail, and you agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement, including but not limited to the requirement that such communications be made in writing.

Clause Three — Intellectual property

We — or authorized third parties — own and control all copyrights and other intellectual property rights in the website and the data, information and other resources displayed or accessible within it.

Sole Paragraph One. Unless specific content states otherwise, you do not receive a license or any other trademark, patent or other intellectual property right.

Sole Paragraph Two. This means you will not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, trade or otherwise commercialize any features of this website in any form, without our prior written permission, except and only to the extent otherwise stipulated by mandatory law (such as the right of quotation).

Clause Four — Newsletters

Notwithstanding the above, you may forward our newsletters in electronic format to other people who may be interested in visiting our website.

Clause Five — Third-party property

Our website may include hyperlinks or other references to third-party websites. We do not monitor or review the content of third-party websites linked from this website.

  1. Products or services offered by other websites will be subject to the Terms and Conditions applicable to those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
  2. We will not be responsible for any privacy practices or content on those websites. You assume all risks associated with the use of those websites and any related third-party services.
  3. We will not accept any liability for any loss or damage of any kind, caused by you, as a result of your disclosure of personal data to third parties.

Clause Six — Responsible use

By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms and Conditions, any additional agreements with us, and generally accepted online laws, regulations, practices and industry guidelines.

  1. You must not use our website or services to use, post or distribute any material consisting of — or linked to — malicious computer software.
  2. You must not use data collected on our website for any direct marketing activity or to conduct any systematic or automated data collection activities on or in relation to our website.
  3. Engaging in any activity that causes or may cause damage to the website, or that interferes with its performance, availability or accessibility, is strictly prohibited.

Clause Seven — Registration

You may register for an account on our website. During this process, you may need to choose a password.

  1. You are responsible for maintaining the confidentiality of your passwords and account information, and agree not to share your passwords, account information or secure access to our website or services with any other person.
  2. You must not allow another person to use your account to access the website, as you are responsible for all activities carried out through the use of your passwords or accounts.
  3. You must notify us immediately if you become aware of any disclosure of your password.
  4. After your account is closed, you will not attempt to register a new account without our permission.

Clause Eight — Content you publish

We may provide various open communication tools on our website, such as comments and blog posts, forums, message boards, ratings and reviews, and various social media services.

  1. It may not be feasible for us to filter or monitor all content that you or others may share or submit to/through our website.
  2. However, we reserve the right to review the content and monitor all use and activity on our website, and to remove or reject any content at our sole discretion.
  3. By posting information or using any of the aforementioned open communication tools, you agree that your content will comply with these Terms and Conditions and must not be unlawful or illegal, nor infringe the legal rights of any person.

Clause Nine — Submission of ideas

Please do not submit ideas, inventions, works of authorship or other information that may be considered your intellectual property and that you would like to present to us, unless we have signed an intellectual property agreement or a non-disclosure agreement.

Sole Paragraph. If you disclose it to us in the absence of such a written agreement, you grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

Clause Ten — Cessation of use

We may, at our sole discretion and at any time, modify or discontinue access, temporarily or permanently, to the website or to any service contained within it.

  1. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuation of your access to or use of the website, or of any content you may have shared on the website.
  2. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any content you have contributed to or come to rely on are permanently lost.
  3. You must not circumvent or attempt to circumvent any access restriction measures on our website.

Clause Eleven — Warranties and liability

Nothing in this clause will limit or exclude any warranty implied by law that it would be unlawful to limit or exclude.

  1. This website and all its content are provided "as is" and "as available" and may include inaccuracies or typographical errors.
  2. We expressly disclaim all warranties of any kind, express or implied, as to the availability, accuracy or completeness of the content. We do not warrant that:
    1. this website or our content will meet your needs;
    2. this website will be available uninterrupted, timely, secure or error-free;
    3. anything on this website constitutes, or is intended to constitute, legal, financial, technical or medical advice of any kind;
    4. if you need advice, you should consult a suitably qualified professional.
  1. The following provisions of this clause will apply to the maximum extent permitted by applicable law, and will not limit or exclude our liability in respect of any matter for which it would be unlawful or illegal for us to limit or exclude our liability.
  2. Under no circumstances will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or damage to property or data) incurred by you or any third party arising from your access to or use of our website.

Clause Twelve — Privacy

To access our website and/or services, you may need to provide some information about yourself as part of your browsing. You agree that all information provided will always be accurate, correct and up to date.

  1. We have developed specific privacy notices for each processing activity, made available directly at the points where personal data is collected.
  2. In addition, we centralize privacy-related information in our Privacy Policy.

Clause Thirteen — Export restrictions / legal compliance

Access to the website is prohibited from territories or countries where the content or the engagement of the services offered on the website is illegal. You may not use this website in violation of Brazilian export laws and regulations.

Clause Fourteen — Assignment

You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to third parties without our prior written authorization. Any purported assignment in violation of this clause will be null and void.

Clause Fifteen — Violations of these Terms and Conditions

Without prejudice to our other rights under these Terms and Conditions, if you violate them in any way, we may take the action we deem appropriate to deal with the violation, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that your access to the website be blocked, and/or initiating legal action against you.

Clause Sixteen — Force majeure

Except for payment obligations under this instrument, no delay, failure or omission by either party in performing or observing any of its obligations described herein will be considered a breach of these Terms and Conditions if, and for as long as, such delay, failure or omission arises from any cause beyond that party's reasonable control.

Clause Seventeen — Indemnification

You agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses related to your violation of these Terms and Conditions and of applicable law, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses related to or arising from such claims.

Clause Eighteen — Non-waiver

Failure to comply with any of the provisions set out in these Terms and Conditions and in any agreement, or failure to exercise any termination option, will not be construed as a waiver of such provisions, and will not affect the validity of these Terms and Conditions, of any agreement, or any part thereof, nor the subsequent right to enforce all provisions.

Clause Nineteen — Language

These Terms and Conditions will be interpreted and drafted exclusively in Portuguese. All notices and correspondence will be drafted exclusively in that language.

Clause Twenty — Contact information

You may contact us regarding these Terms and Conditions at moreira.lf@uol.com.br or at our office address, listed in the footer of this website.

These Terms and Conditions apply to this website and to transactions related to our products and services. You may be subject to additional agreements related to your relationship with us or to any products or services you receive from us. If any clause of the additional agreements conflicts with any clause of these Terms, the clauses of those additional agreements will prevail.

Clause Twenty-One — Governing law and jurisdiction

These Terms and Conditions will be governed by the laws of Brazil. Any disputes related to these Terms and Conditions will be subject to the jurisdiction of the Brazilian courts.

Sole Paragraph. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted and/or enforced to the maximum extent permitted, so as to give effect to the intent of these Terms and Conditions. The remaining provisions will not be affected.

Clause Twenty-Two — Updates to these Terms and Conditions

We may update these Terms and Conditions from time to time. It is your responsibility to periodically check these Terms and Conditions for changes or updates. The date shown at the top of this page is the date of the most recent revision.

  1. Changes to these Terms and Conditions will take effect once they are published on this website.
  2. Your continued use of this website after changes or updates are published will be considered notice of your acceptance to comply with and be bound by these Terms and Conditions.

Moreira & Bastos Advogados Associados

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