Terms and Conditions

As a user of the MRBRAZ & ASSOCIATES website (‘www.MRBraz.com’), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.

License

By allowing you to access the website, MRBRAZ & ASSOCIATES grants to you a license. By accessing the website, you accept the terms and conditions of this license.

Pursuant to this license and subject to the absolute right of MRBRAZ & ASSOCIATES to vary access to all or any part(s) of the website, you acquire a non-exclusive right to: 

  • View the material in the website.
  • Access material contained in the website
  • Use the website strictly in accordance with the provisions of this license.

However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from MRBRAZ & ASSOCIATES, and upon payment of any fee required by MRBRAZ & ASSOCIATES to be paid by you for that use.

Your obligations

You hereby undertake the following obligations:

  • To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of MRBRAZ & ASSOCIATES, except as expressly authorized by this license.
  • To ensure your employees, subcontractors and other agents (if any) who have authorized access to the website are made aware of the terms and conditions of this license.
  • To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of MRBRAZ & ASSOCIATES.
  • To not use the material in the website for, or in connection with, a service bureau operation.

Warranties

MRBRAZ & ASSOCIATES does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause MRBRAZ & ASSOCIATES to be in breach of the terms of this license.

MRBRAZ & ASSOCIATES reserves the right to change, add or remove any material in or from the website without notice.

MRBRAZ & ASSOCIATES does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded and MRBRAZ & ASSOCIATES will not be liable for any direct, special, indirect or consequential damages, losses, expenses or costs arising out of a breach of this license, the supply of a defective program, or any error, omission or misrepresentation in any material on this website.  If any statute implies terms into this license, which cannot be lawfully excluded, such terms will apply to this license, save that the liability of MRBRAZ & ASSOCIATES for breach of any such implied term will be limited, at the option of MRBRAZ & ASSOCIATES, to any one or more of the following:

  • The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
  • The repair of such goods or services.
  • The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
  • The payment of the cost of having the goods repaired or the services performed again.

When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by MRBRAZ & ASSOCIATES which has not been stated expressly in this license or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by MRBRAZ & ASSOCIATES (which material may be out of date or superseded).

Intellectual Property rights

You acknowledge that the material in the website is the subject of copyright © and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this license, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorized by this license.

Trade marks

‘MRBRAZ & ASSOCIATES’ and all associated trade marks, whether registered or unregistered, are trade marks of MRBRAZ & ASSOCIATES Billiton Limited and MRBRAZ & ASSOCIATES Billiton Plc and their related bodies corporate.

Access to or use of the website does not constitute or create a license except as expressly provided in these Terms and Conditions or any other right to use MRBRAZ & ASSOCIATES’s name, trade marks, copyright or any other intellectual property.

 

Indemnity 

You must indemnify and keep MRBRAZ & ASSOCIATES indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which MRBRAZ & ASSOCIATES may incur to a third party or you as a result of your breach of the provisions of this license.

This website may contain hyperlinks to other websites operated by third parties. You accept that MRBRAZ & ASSOCIATES has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party’s website.

Users are prohibited from placing a link to the website without the prior written consent of MRBRAZ & ASSOCIATES and on terms satisfactory to MRBRAZ & ASSOCIATES. 

Disclaimer

You accept that MRBRAZ & ASSOCIATES takes no responsibility for any error or omission relating to the material contained in the website.

You accept that MRBRAZ & ASSOCIATES makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that MRBRAZ & ASSOCIATES will not be held liable for any lapse in the website’s accessibility, or any consequences whatsoever that flow from the unavailability of the website.

Terms of license

This license commences upon your accessing the website and is granted in perpetuity. However, the license may be terminated without notice by MRBRAZ & ASSOCIATES if you are in breach of any terms of this license.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by MRBRAZ & ASSOCIATES.

Termination pursuant to this clause shall not affect any rights or remedies, which MRBRAZ & ASSOCIATES may otherwise have under this license or at law.

Amendments to this license

These are the current terms and conditions of the license.

MRBRAZ & ASSOCIATES may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, MRBRAZ & ASSOCIATES has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarize yourself with the current terms and conditions each time you visit the website.

Waiver

Failure or neglect by MRBRAZ & ASSOCIATES to enforce at any time any of the provisions of this license shall not be construed or deemed to be a waiver of the rights of MRBRAZ & ASSOCIATES under this license.

Jurisdiction

This license shall be governed by and construed according to the laws of the State of Texas, USA.

Definitions

‘MRBRAZ & ASSOCIATES’ means MRBRAZ & ASSOCIATES Billiton Limited, all of its related bodies corporate, MRBRAZ & ASSOCIATES Billiton Plc and all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.

‘Hyperlink’ means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

‘Intellectual Property’ means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organization Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the MRBRAZ & ASSOCIATES websites.