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Terms and conditions of use

Terms of use

Introduction 

Welcome to the website “bmrmedical.com.br” of BMR Medical Ltda. Through this channel, BMR provides you with institutional and commercial information, which is subject to the terms and conditions contained in this Terms of Use Agreement. Please read this agreement carefully. By accessing or using this site, you agree, without restriction, to be bound by this agreement. If you do not agree to abide by and be bound by this agreement, you may not access, use or download materials from this site.

Please note that if you are a current BMR customer or supplier, these terms are not intended to supersede or modify those contained in your customer or supplier agreement, as appropriate. In the event of inconsistencies, the terms and conditions of your written agreement shall prevail over those contained herein. All BMR products and services may also be subject to specific terms and conditions governing their use respectively.

BMR Medical reserves the right to unilaterally update or modify this agreement at any time without notice. Your use of this site following any changes constitutes your entire agreement to continue to be bound by the terms of this agreement and changes. For this reason, we request that you review and update the terms of this agreement each time you access this site. This agreement was last revised on 1 November 2019.

Site Availability and International Users

This site and its contents (the “Content”) are designed to comply with Brazilian laws and regulations and are intended for use by persons resident and domiciled in Brazil only or those subject to Brazilian law. Access to the site and content may not be legal for certain persons and in certain countries and / or persons subject to laws other than Brazilian law. If you access this site from outside of Brazil or are subject to laws other than Brazilian, please be aware that you are at your own risk and will be responsible for complying with the laws of your jurisdiction. Materials posted on this site may refer to products or services that are not available in your country. In addition, BMR makes no representation or warranty as to whether the materials on this site are appropriate or available for use in locations outside of Brazil, nor does it guarantee that their access from other countries will be deemed legal or otherwise. forbidden. You must not interpret anything on this site as promotion, solicitation for any product or use of any product that is not authorized by the laws and regulations of the country in which you are located or subject to it.

This Site Is Not a Source of Medical Advice

The content of this site is presented in a summarized form, is generic in nature and is provided solely for informational purposes, and is neither directed nor recommended in place of professional medical advice. You should not use the content of this site to diagnose a health or fitness problem or illness. Always seek the advice of your physician or other qualified healthcare professional regarding any medical condition or treatment. Nothing contained on this site is intended or should be construed as medical diagnosis or treatment. Never be indifferent to medical advice or postpone seeking it because of something you have read or interpreted as a result of this site.

Copyright Notice and Limitation of Use

No use of the materials on this site should be made except as expressly authorized by this agreement. All content on the site, including the selection, disposition and creation of the content is the property of BMR, protected by copyright or other intellectual property rights, including the rights to sui generis related to database protection. You may not modify, copy, reproduce, republish, transfer files or otherwise distribute any content, in whole or in part, including code and software

Procedures for Claimed Copyright Infringements

We respect the intellectual property rights of others and ask you to do the same. If you believe your work has been copied in any way that constitutes copyright infringement, please provide the company with information by email: compliance@bmrmedical.com.br. Remember to provide the following information in this email:

  • an electronic or physical signature of the person authorized to act on behalf or of the copyright owner;
  • a description of the copyrighted work that you claim has been infringed;
  • description of where the material you claimed to be infringing is located on the site;
  • your address, phone number and email address;
  • a statement that you acknowledge that the use in question is not authorized by the copyright owner, its agent or law;
  • proof through official document / certificate from the National Institute of Intellectual Property (INPI) demonstrating ownership of the material in question;
  • a statement from you stating under penalty of law that the above information in your notice is accurate and that you are the copyright owner, or properly authorized to act on behalf of the copyright owner.

Trademark Alert

All trademarks, service marks, marks and / or logos featured on this site (the “Registered Trademark (s)”) are registered and unregistered trademarks of BMR Medical. Nothing contained on this site shall be construed as granting, by implication, obstruction or otherwise, any license or right to use the Trademarks without express written permission of BMR or applicable to any third party. Except as expressly provided in this agreement, any use of the Trademark found on the site is expressly prohibited. Please note that the company and product names mentioned on this site may be trademarks of their respective owners and not necessarily of BMR Medical, so any permission to do so, if any, should be sought directly from the owner.

Public and Unsolicited Information

Through this site you may send your suggestions / opinions regarding the content contained therein, as well as our products or any other information (collectively, “Unsolicited Information”). You may only submit "Unsolicited Information" that meets the requirements of these Terms and Conditions.

Subject to the conditions provided herein, we accept suggestions for new products and technologies for our company by individuals and organizations not employed by or affiliated with BMR provided that such inventions are covered by existing patents or those for which patents have been applied by the offeror.

In addition to those mentioned in the paragraphs above, BMR and its employees do not accept or consider other unsolicited ideas, including ideas for new ad campaigns, new promotions, new products or technologies, processes, materials, business plans. marketing or new product names. Please do not submit any creative images, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the products or strategies of marketing may seem similar to the ideas submitted to BMR. So, except under the circumstances described above related to the patented ideas or those that you have already filed a patent application, please do not submit any unsolicited ideas to BMR or anyone else at BMR.

If, despite our request not to send us your ideas and materials, you still send them to us and still post them as “Public Information on the Site”, all this “Public Information” and all this “Unsolicited Information” will be considered. Non-Confidential and Non-Proprietary and BMR will be free to use such information for any purpose and in any manner. 

This site may also present opportunities to post information to public areas of the site, such as newsletters (collectively, “Public Areas”) or to post comments and feedback (any information provided, “Public Information”). While BMR may from time to time monitor and analyze information posted in the public areas of the site, BMR has no obligation to do so, and assumes no responsibility or liability whatsoever for the content of such public areas or the site in general or for any error, defamation, slander, blasphemy, omission, falsehood, obscenity, pornography, profanity, danger, or deception contained within the site. 

You are prohibited from posting or transmitting any illegal, threatening, accusatory, defamatory, obscene, exalted, pornographic, profane or other material that may constitute or encourage conduct that is considered a criminal offense, causes civil liability, or otherwise violates law. BMR will fully cooperate with any legal authority or court request or direction of BMR to disclose the identity of anyone posting such materials.

Persons under the age of eighteen should not submit any public information or unsolicited information containing personally identifiable information.

Links to Other Websites

This agreement applies only to this site, which may serve or contain references or links related to others websites (the “Other Sites”), as well as other websites not operated by BMR (the “Third Party Sites”). BMR does not endorse any use “off-label”(Use not indicated on the package leaflet). 

No Frames Allowed

Elements of this site are protected by copyright, trademark, trademark, unfair competition or other laws and may not be copied, reproduced or imitated in whole or in part by any means, including, but not limited to, the use of “frames“, “deep linking”Or site mirrors. None of the contents of our site may be relayed without BMR's written consent. If you are interested in joining our site, or otherwise allow the link Direct to our website, contact us for more information.

Dealing with Advertisers

Your correspondence or business relationship, or participation in promotions by advertisers found on or through the site, including payments and delivery of related goods and services and any other terms, conditions and warranties, or representations associated with such relationships, are solely between you and this advertiser. You agree that we are not responsible or liable for any loss, damage, loss, loss of profits or other damages of any kind whatsoever arising as a result of such relationships or as a result of the presence of such advertiser on the site.

Account Registration

This site does not offer the possibility of Login to get exclusive content.

Website Privacy Policy

Our Privacy Policy is available on this site and by accessing it, you legally agree to be bound by the Privacy Policy, which is hereby incorporated in its entirety. 

No Warranties

THIS SITE CONTAINS BMR-RELATED INFORMATION THAT MAY BE USEFUL FOR OUR CUSTOMERS, EMPLOYEES AND SHAREHOLDERS AS WELL AS THE GENERAL PUBLIC. HOWEVER, BMR MAKES NO REPRESENTATION OR WARRANTIES AS TO THE REQUIREMENT OF ANY INFORMATION HEREIN AND EXPRESSLY STATES THAT IT IS NOT SUBJECT TO ANY OBLIGATION TO UPDATE THIS INFORMATION.

THE SITE AND CONTENT ARE PRESENTED ON A “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. There may be delays, omissions or inaccuracies in the content and website. BMR DOES NOT WARRANT THE ACCURACY, INTEGRITY, CONVENIENCE, NON-INFRINGEMENT, NAME, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROPOSAL OF THE CONTENT OF THIS SITE OR THE SITE BY YOU AND US. HEREBY WE DISCLAIM ANY STATEMENT OF WARRANTIES OR IMPLIED WARRANTIES. BMR DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, OR OTHER CODES THAT MAY EXPRESS DESTRUCTIVE CONTAMINATIONS OR PROPERTIES, IF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES NOT EXCLUDING.

Limitation of Liability

USE OF THIS SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, BMR, OR ANY OF ITS DIRECTORS, EXECUTIVES, OFFICIALS OR AGENTS ARE RESPONSIBLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER USE, OR OTHERWISE ARISING FROM OR YOUR TRUST IN ANY CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER, INCLUDING WITHOUT IMPLICATION OF LIMITATION, LOSS OF DATA OR INCOME. THIS LIMITATION OF LIABILITY APPLIES EVEN IF THE ALLEGED LIABILITY IS BASED ON CONTRACT OR NEGLIGENCE, INJURY, STRICT RESPONSIBILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF BMR OR ITS AFFILIATE HAVE BEEN OF SUCH DAMAGE.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DISCOVERED INVALID OR CANNOT BE FORCEED FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BMR AND ITS AFFILIATES UNDER ANY CIRCUMSTANCES SHALL NOT EXCEED ONE MONEY (R $ 100,000.00). IF ANY REMEDY HEREBY FAILED IN YOUR INITIAL PROPOSAL, ALL LIMITATIONS, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES ARISED IN THIS AGREEMENT WILL REMAIN EFFECTIVE.

Advance Statements

This site may from time to time anticipate certain statements regarding BMR's future performance, including future revenues, products and revenues, or events or developments that BMR expects to occur or anticipate to occur in the future. All statements are based on BMR's current expectations and involve a number of business risks and uncertainties. Actual results may vary materially from anticipated results described, implied or projected in any forward-looking statement. Factors that could cause material variation in the actual results of any forward-looking statement include, but are not limited to: competitive factors, price; uncertainties of litigation; BMR's ability to achieve sales and earnings forecasts that are based on sales volume product mix assumptions to achieve its cost savings goals and to achieve anticipated synergies and other cost savings along with acquisitions; changes in regional, national or foreign economic conditions; increased energy costs: fluctuations in costs and availability or raw materials and BMR's ability to maintain favorable arrangements and relationships with suppliers; changes in interest or exchange rates of foreign currencies; delays in product introductions; and changes in health care or other government regulations. Forward-looking statements may, at BMR's discretion, not be updated.

Indemnity

If there is any legal proceeding arising from (i) your use of the content or website, including your breach of the terms of this agreement, or (ii) any unsolicited information provided by you, you are hereby expressly acknowledged that you agree to defend, indemnify, not cause damages and pay any fees, costs, indemnities or liens (including legal / judicial / financial / accounting), unlimited, incurred or incurred by BMR, its affiliates, its officers, officers, employee agents, investors or licensors. BMR will promptly notify you of such claim, process or procedure. BMR shall have the right, at its expense, but at BMR's sole discretion, to participate in the defense and / or settlement of any claim or action, or to assume the exclusive defense and control of any matter subject to indemnification by you without alleviating its obligations. cool. In no event will you determine any lawsuit or claim imposing any liability or other obligation on BMR without your prior written consent.

General

You are responsible for obtaining and maintaining all telephone, computer, or other equipment necessary to access and use the site and all related charges. BMR reserves the right to change or delete material from the site at any time. This site is controlled and operated by BMR. Any claims related to the use of this site are governed by Brazilian law. The United Nations Convention on Contacts for the International Sale of Products does not apply to this agreement, as well as any other International Convention, whether edited by the United Nations or any other international bodies / entities.

This agreement constitutes the entire agreement between you and BMR, the purpose of which is to regulate your access to and / or use of this site. Any claims related to your use of the site or any content must be filed within one (1) year of the date of the event giving rise to the action. All conditions of this agreement relating to the identification, disclaimer or warranties, limitation of liability or rights shall survive termination of this instrument. If any condition, provision, section, chapter or part of this agreement is held to be invalid or unenforceable, the remaining conditions will continue in full force and effect and the invalid and unenforceable condition will be evaluated and replaced by a valid one that may be chargeable and appropriate to the intended purpose. The non-exercise and / or administration of any right or condition of this agreement by BMR shall not constitute a waiver or novation of such right or condition. All rights not expressly granted herein are hereby reserved, in accordance with Brazilian law.

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