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TERMS OF USE

1. ACCEPTANCE

Welcome to the site (the “Site”). THIS DOCUMENT (“TERMS OF USE”) SETS OUT THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SITE. PLEASE REVIEW THE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY ACCESSING, BROWSING OR USING THE SITE (“USE”), ALL USERS AND VISITORS (“YOU”, “YOU,” “USER” OR “USERS”) DECLARE TO ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. SIN – SISTEMA DE IMPLANTE NACIONAL S.A. (“SIN”) RESERVES THE RIGHT TO UPDATE THE TERMS OF USE FROM TIME TO TIME, AT SIN’S SOLE DISCRETION. YOU SHOULD REVIEW THE TERMS OF USE FROM TIME TO TIME FOR ANY UPDATES AND MODIFICATIONS.

 

2. ELIGIBILITY

The Site and all related services are made available to you only if you can enter into legally valid contracts under applicable law. The Site is not available to persons under the age of 18. If you are under the age of 18, please do not use the Site. BY USING THE SITE, YOU REPRESENT THAT YOU HAVE FULL LEGAL CAPACITY, BEING OVER 18 YEARS OF AGE.

 

3. LICENSE

SIN grants you a limited, non-exclusive, non-transferable, revocable, non-assignable license, authorizing you to view and temporarily download a copy of the materials displayed on the Site, solely for personal, non-commercial use by you or within your organization. All materials displayed or made available on the Site, including, without limitation, graphics, documents, text, sounds, video, audio, artwork, software and HTML code (collectively, the “Material”) are the exclusive property of SIN or its content providers, who reserve all their intellectual property rights to you. The Materials are protected by applicable copyright laws and other applicable Brazilian, American and international intellectual property rules, regulations and laws. Except as permitted herein, you may not (i) use, copy, modify, display, delete, distribute, download, archive, transmit, publish, sell, resell, adapt, reverse engineer or create derivative works of the Material, or (ii) use the Material on other websites or any other types of media, such as in network environments, without sin’s prior written consent.

All trade marks, service marks and logos (the “Marks”) displayed on the Site are the exclusive property of SIN and its respective owners. You may not use the Marks in any way without the prior written consent of SIN and its respective owners.

 

4. USER SUBMISSIONS

By submitting or submitting your information to the Site (“Submitted Material”), you agree that you grant SIN a perpetual, non-exclusive, irrevocable, free and worldwide license, and the right (but not an obligation) to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, adapt and create derivative works from, in any way and in any form of media, from all or part of the Submitted Material , in any form and anywhere in the world.

SIN does not filter or monitor any Submitted Material provided by you or other users of the Site. As a result, SIN does not provide any warranty as to the reliability, accuracy, completeness, validity or veracity of any Material Submitted or submitted by any users of the website. SIN reserves the right, in SIN’s sole discretion, to delete, remove, refuse to display or block any Submitted Material that SIN deems to be unacceptable, in SIN’s sole discretion, without SIN having any liability to you or any other user of the Site. If SIN receives notice of any Submitted Materials deemed unacceptable, SIN may investigate such materials at SIN’s sole discretion.

You acknowledge and agree that SIN may retain copies of your Submitted Materials and disclose your Submitted Materials to any third party if SIN believes it is necessary to: (i) protect the integrity of the Site; (ii) protect SIN’s rights; (iii) comply with a court order; (iv) comply with any legal procedures; (v) substantiate sin’s claim under these Terms of Use; and (vi) respond to any complaints of third-party rights violations.

 

5. GENERAL PROHIBITIONS

With respect to your Use, you agree not to:

  1. violate any applicable rules, regulations or laws, including, without limitation, export laws and regulations, anti-discrimination laws, or equal employment opportunity laws. In addition, you agree not to export the Materials to any country or jurisdiction that is included in the list of prohibited countries or restricted under The Export Laws of Brazil.
  2. violate any intellectual property or privacy rights, including, without limitation, patents, copyrights, trademarks or trade secrets of any third party, including SIN and its affiliated companies;
  3. upload, publish, transmit or store any material that:
    1. is illegal, offensive, defamatory, fraudulent, deceptive, harmful, threatening, embarrassing, obscene or unacceptable;
    2. violates any of its contractual or confidentiality obligations;
    3. disturbs or interferes with the normal operations of the Site, such as the publication or transmission of viruses, the continued publication of repeated materials or the publication of very large files, outside the normal size; Or
    4. is not permitted by SIN, including, without limitation, any unauthorized advertising materials, unsolicited advertising materials, junk mail, spam messages, chain letters, pyramid schemes, franchises, distribution, club membership, sales agreements or other unapined materials;
    5. violate the privacy rights or other rights of others through the misuse of the Materials, including, without limitation, through embarrassment or “stalking” against another person, sending unsolicited e-mail messages or collecting personal information from third parties;
    6. violate or attempt to violate any security measures of the Site;
    7. use any devices, processes or mechanisms to monitor, retrieve, search or access data from the Site or any Material without sin’s prior written consent, through, for example, robots or spider scanning and storage systems;
    8. access or attempt to access any account or identification of third parties contained in the Site;
    9. copy, modify, reproduce, delete, distribute, download, store, transmit, sell, resell, publish, reverse engineer or create derivative works of any Materials, except materials that have been submitted by you and are owned by you;
    10. publish or submit any inaccurate, false or incomplete information, including curriculum, biographical information or employment information;
    11. impersonate another person or organization;
    12. tamper with any header information in a publication or e-mail; Or
    13. provide false information about you, your affiliation with a third party or your organization.

 

6. ACCOUNT AND PASSWORD

The Site may present you with the opportunity to open a user account with the Site. When you open an account with the Site, you may receive an account ID (login) and an initial password. It is your responsibility (a) to maintain the confidentiality of your account id and password; (b) update and review your account frequently; and (c) promptly notify SIN in the event of any unauthorized use of your account or any breach of security. You are also responsible for all activities that are carried out through your account and SIN will not be liable for any loss or damage resulting from your failure to comply with the obligations set forth in this paragraph.

 

7. LINKS

The Site may display links, such as hyperlinks or buttons, directing access to third-party websites (“Linked Sites”). Linked Sites may not be controlled or monitored by SIN. SIN will not be responsible for the materials, information or content posted on Linked Sites, nor for the availability of the Linked Sites. The inclusion of Linked Sites on the Site does not imply any relationship or association between SIN and the owner of Linked Sites, nor any endorsement or support or sponsorship by SIN of the Linked Sites. SIN includes linked sites for your convenience only. You are solely responsible for your access to the Linked Sites. You will use your own discretion, caution and common sense in the use of Linked Sites and shall check the applicable privacy policies and terms of use of such Linked Sites, which may differ from the terms contained in these Terms of Use and the SIN Privacy Policy. SIN accepts no responsibility for such third-party policies.

 

8. PRIVACY

BY ACCEPTING THESE TERMS OF USE, YOU AUTOMATICALLY ACCEPT ALL THE TERMS OF SIN’S PRIVACY POLICY AND HEREIN AUTHORIZE SIN TO COLLECT, STORE, USE AND DISCLOSE YOUR PERSONAL DATA AS PROVIDED IN SUCH DOCUMENT.

 

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless SIN and its parent companies, subsidiaries and affiliates, as well as their directors, representatives and employees, against any claims or actions of any third party, including, without limitation, attorneys’ fees and court costs, arising out of or arising out of your Use of the Site, your Submitted Materials or your violation of the terms and conditions contained in these Terms of Use.

 

10. EXEMPTION

YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USE, VIEWING OR ACCESS TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE IS OFFERED AS IS AND ONLY AS PROVIDED; (B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIN EXPRESSLY DISCLAIMS ALL WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR AN EXCLUSIVE PURPOSE AND NON-INFRINGEMENT OR WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, BUSINESS RELATIONSHIP OR CUSTOMS. (C) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIN EXPRESSLY DISCLAIMS ANY WARRANTIES TO THE EFFECT THAT (I) THE SITE AND MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL OPERATE UNINTERRUPTEDLY AND SECURELY; (III) THE SITE WILL OPERATE UNINTERRUPTEDLY AND WILL BE AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR NEEDS; AND (V) ANY SUBMITTED MATERIALS WILL BE RELIABLE, ACCURATE, COMPLETE, VALID AND TRUE.

 

11. LIABILITY AND LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH OR RELATED TO YOUR USE OF THE SITE OR ANY MATERIALS SUBMITTED, INCLUDING, WITHOUT LIMITATION, RISKS OF FINANCIAL LOSS, PHYSICAL DAMAGE, PROPERTY DAMAGE, RELATIONSHIP WITH OTHER USERS OF THE SITE, STRANGERS, MINORS OR FOREIGNERS, AND PERSONS ACTING UNDER FALSE IDENTITY. YOU FURTHER AGREE TO HOLD SIN AND ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AS WELL AS THEIR DIRECTORS, REPRESENTATIVES AND EMPLOYEES, HARMLESS FROM ANY CLAIMS, ACTIONS, DAMAGES (DIRECT, INDIRECT AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR NOT, ASSOCIATED WITH, ARISING OUT OF OR ARISING OUT OF YOUR USE OF THE SITE, YOUR SUBMITTED MATERIALS OR ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.

YOU FURTHER UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIN, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, REPRESENTATIVES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR LOSS OF TRADE FUND, REVENUE, DATA OR USE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DUE TO CONTRACTUAL BREACH , TORT OR BREACH OF WARRANTY, EVEN IF SIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

12. TERMINATION

SIN may terminate, at SIN’s sole discretion, any services offered by the Site and remove any Materials posted on it. SIN may also terminate your access to any part or all services offered by SIN at any time, with or without cause or prior notice, and for any reason or reason. If you wish to terminate your account, you may only cease using the Site. SIN will not be responsible for maintaining or returning your Submitted Materials, your account or your ID and password. You must always keep a copy of your Submitted Materials.

 

13. GENERAL PROVISIONS

You agree that no employment, partnership, representation, agency or joint venture relationship exists between you and SIN as a result of your Use of the Site. These Terms of Use constitute the entire agreement between you and SIN with respect to your Use of the Site, in addition to any agreement entered into between you and SIN. These Terms of Use are governed by the laws of the Federative Republic of Brazil. To resolve doubts arising from this instrument, the parties elect the Court of the District of São Paulo, State of São Paulo, with express waiver of any other, however privileged it may be.

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