The Website (as defined in Clause 1 (e) below) is the property of SCHIVARTCHE ADVOGADOS, a law firm, registered with the CNPJ/MF under no. 66.867.649/0001-12, with its registered office in the City of São Paulo, State of São Paulo, at Praça da Liberdade no. 130, 13º andar, Conjunto 1.301, Liberdade, CEP 01502-900 ("SCHIVARTCHE ADVOGADOS").

 

These Terms of Use ("Terms") regulate the use of the Website by Users (as defined in Clause 1, Item (f) of these Terms).

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By accessing the Website, Users shall be bound by the provisions of these Terms.

 

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1.         Definitions

 

(a)      "Website Content": means all content appearing on the Website, including, but not limited, to text, design and logos;

 

(b)      "User Generated Content": means ideas, comments and/or any other form of collective communication permitted for a User generating content and which are posted on the Website;

 

(c)      "Personal Data": means the data that Users provide through the Website. When visiting the Website, we may require that personally identifiable information be provided or Users may choose to provide us with personal data for many reasons, such as: contact information (and data about Users);

 

(d)      "Damages": means costs, expenses, losses, direct and indirect damages and lost profits (including, but not limited, to attorneys' fees and Court costs);

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(e)      "Website": means the Internet website https://www.schivalaw.com.br. The Website is based on Brasília’s time; and

 

​(f)        "User": means any legal or natural person who accesses the Website and provides Personal Data to SCHIVARTCHE ADVOGADOS by means of the Website.

 

 

 

2.         License and General Rules for Use of the Website

 

2.1      SCHIVARTCHE ADVOGADOS grants Users a limited, unencumbered, non-exclusive, non-transferable and revocable license to use the Website, provided that its personal and commercial purposes and these Terms are respected.

 

2.2      SCHIVARTCHE ADVOGADOS is the owner of all material and immaterial rights over the Website, as well as over the Website Content.

 

2.3      SCHIVARTCHE ADVOGADOS does not accept, invite or consider any unsolicited submissions of creative ideas, suggestions or proposals. Any proposed ideas not requested in writing by SCHIVARTCHE ADVOGADOS will automatically be treated as non-confidential and non-proprietary and will become the sole property of SCHIVARTCHE ADVOGADOS without any compensation whatsoever. SCHIVARTCHE ADVOGADOS shall have no obligations with respect to such submissions and may destroy such submissions upon receipt. Nothing, however, restricts SCHIVARTCHE ADVOGADOS from developing any idea similar to any submission. Any natural or legal person who submits an unsolicited idea, suggestion or proposal to SCHIVARTCHE ADVOGADOS therefore releases any right, title and interest in the content of such submission and agrees not to claim ownership of such content against SCHIVARTCHE ADVOGADOS.

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2.4      The Website and the Website Content are provided "as is". SCHIVARTCHE ADVOGADOS makes no warranties, representations or endorsements, including, but not limited, to warranties of fitness for a particular purpose, express and/or implied, with respect to the Website or the Website Content.

 

2.5      Access to the Website may be terminated by SCHIVARTCHE ADVOGADOS, at any time, without notice, if SCHIVARTCHE ADVOGADOS considers, in its sole discretion, that the User does not comply with the provisions of these Terms.

 

2.6      SCHIVARTCHE ADVOGADOS does not guarantee that the Website and/or the Content of the Website is(are) fully adapted to other legislations and/or realities outside the Federative Republic of Brazil and/or may be accessed outside of the Federative Republic of Brazil. If the User accesses the Website abroad, he or she does so at his or her own risk and is responsible for complying with the laws of the jurisdiction in which he or she is located.

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3.         SCHIVARTCHE ADVOGADOS' communication with the User

 

3.1      SCHIVARTCHE ADVOGADOS may use all channels of communication with the User (e.g., e-mail, telephone call and/or SMS), as provided by the User by means of the Website.

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3.2      The User is solely responsible for receiving communications. It is therefore essential that the User keeps his or her details up to date.

 

3.3      The User is responsible for configuring the "anti-spam" mode on his or her computer, so as not to interfere with the receipt of communications and materials from SCHIVARTCHE ADVOGADOS.

 

3.4      It is the User's sole responsibility to pay for the necessary means to navigate the Website (including, but not limited, to the requirements for Internet access).

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4.         Intellectual Property

 

4.1      When accessing the Website, the User must respect all of SCHIVARTCHE ADVOGADOS' Intellectual Property rights, as well as those of all third parties that are, or have been, in any manner available on the Website. Simple access to the Website does not grant the User any rights in relation to any item of SCHIVARTCHE ADVOGADOS' Intellectual Property and/or that of any third party.

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4.2      Nothing contained herein shall be construed as conferring on any User any license or rights under any Intellectual Property of SCHIVARTCHE ADVOGADOS or any third party.

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4.3      No part of the Website may be reprinted, republished, modified or distributed in any format without the express written permission of SCHIVARTCHE ADVOGADOS. Users may not reproduce, reverse engineer, modify, transmit, sell, distribute, license or create derivative works of the Website. Any use not expressly authorized of SCHIVARTCHE ADVOGADOS' Intellectual Property is strictly prohibited.

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5.         Security and Privacy

 

5.1      Privacy Policy: The User's Personal Data provided to SCHIVARTCHE ADVOGADOS by means of the Website will be treated in accordance with SCHIVARTCHE ADVOGADOS' Privacy Policy available through the following link: https://www.schivalaw.com.br/política-de-privacidade.

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5.2      Compliance with Law no. 13.709/2018 ("General Data Protection Law" ("LGPD")): SCHIVARTCHE ADVOGADOS undertakes to protect the privacy and inviolability of the User's Personal Data in compliance with the LGPD and in accordance with the provisions set out in SCHIVARTCHE ADVOGADOS' Privacy Policy.

 

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6.         Liability

 

6.1      SCHIVARTCHE ADVOGADOS shall not be held liable for any Damages alleged and/or incurred by Users and/or by any individual in connection with the use of the Website and/or in connection with any access to any other material on the Internet via links on the Website.

 

6.2      The Users do not have any right to demand the availability of the Website, as best suits them, nor may they claim compensation for any Damages, if the Website remains down, regardless of the reason why it is down.

 

 

 

7.         Termination of License

 

7.1      SCHIVARTCHE ADVOGADOS may terminate access to the Website or close the Website, at any time, at the sole discretion of SCHIVARTCHE ADVOGADOS.

 

7.2      SCHIVARTCHE ADVOGADOS may immediately issue a warning and/or suspend and/or terminate Users' access to the Website if there is a breach or suspected breach of these Terms (or any of its updates and/or SCHIVARTCHE ADVOGADOS' conduct policies).

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8.         Changes to the Terms

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8.1      These Terms are subject to constant improvement and enhancement. Therefore, SCHIVARTCHE ADVOGADOS reserves the right to unilaterally modify these Terms at any time.

 

8.2      By using the functionalities of the Website, Users accept the Terms then in force and, therefore, must read these Terms each time they use the Website.

 

 

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9.         General Provisions

 

9.1       These Terms cancel and replace any and all other documents dealing with the same subject matter, with the sole exception of the Privacy Policy, which is complementary to this Agreement.

 

9.2       Tolerance of any breach of any of the Clauses and conditions of these Terms shall not constitute a novation of the obligations stipulated herein, nor shall it prevent or inhibit the enforceability of such Clauses and/or conditions at any time.

 

9.3       If any provision of these Terms is deemed by any competent authority to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of these Terms, which shall remain in force and binding.

 

9.4These Terms are governed by the laws of the Federative Republic of Brazil, and the Court of the District of São Paulo, State of São Paulo, is elected as the sole competent court to settle any dispute, question or doubt that may arise, with express waiver of any other, however privileged.

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