Terms

of Use

1.Conditions

 

1.1 By accessing or using this website (“Website”), including the contents and features available here and in other domains used to operate this Website, You declare that you have read and understood this Term of Use (“Term”), have fully and expressly agreed with it and are obliged to observe the conditions established herein, forming a contract between You and Promon S.A. (“Promon”).

 

1.2 You declare that you are qualified or authorized to accept and be bound by the conditions of this Term. If you are acting on behalf of an organization, you declare that you have the power to accept and be bound by this Term on behalf of this organization.

 

1.3 If you do not agree with any disposition in this Term or are not authorized to do so on your own behalf or that of the organization, You should leave this website, close the tab or browser window you are using to access it and abstain from accessing and/or using the Website.

 

 

2. Use of Website

 

2.1 You may use this Website licitly, with access to the entire archive of audiovisuals, images, illustrations, audio files, talks, debates, texts, charts, projects, computer programs, data bases and other materials (“Contents”) available here. In return, You agree not to:

a) reproduce or in any way copy, exhibit, transmit, exploit or distribute the Contents or the Website, completely or in part, without prior written authorization from Promon:;

b) alter or modify any part of the Website or any of the Contents;

c) access the Contents via any technology or means other than the exhibition pages of the actual Website;

d) undertake or participate in any activity that interferes with or interrupts the functioning of the Website or the equipment, computer programs and/or services to which this Website is connected;

e) load, transmit, disseminate, exhibit, send or in any way make available any type of message, announcement, advertisement or promotional material not authorized previously by Promon in writing, or unrequested messages (known as "junk mail" or "spam"), chains, pyramid schemes and the like;

f) use any automated system, including but not restricted to "robots", "spiders" or "offline readers", that access the site with the purpose of sending more requests for access or use in a determined period of time than would be humanly possible to respond to within the same period. You agree not to collect or capture any Content or information that identifies any person, from the Website;

g) use the Website for any commercial purpose, nor approach any other user of the Website for this purpose;

h) post links to the Website in other websites, without the prior written authorization of Promon;

i) decode, decompile or undertake reverse engineering to obtain source codes, information and/or other characteristics of the Contents;

j) comply with this Term and all applicable regional, national or international laws and regulations, agreeing not to do anything that may expose third-parties to ridicule, create and/or post an illegal content or one that is defamatory, obscene, pornographic, immoral, political, partisan or commercial, that may violate ethical and moral standards, public decency or the rights of Promon or third-parties.

 

2.2 Promon reserves the right to cancel or discontinue any aspect of the Website at any time, with no obligation to give prior notification to anyone.

 

2.3 In addition to the general restrictions set forth above, the following restrictions and conditions apply specifically to the use of the Website Contents:

a) the Website Contents and the brands contained in it are the exclusive property of Promon or its employees, suppliers, partners or clients, as the case may be, and are subject to intellectual property protection standards, regardless of registration in Brazil or in any other part of the world;

b) the Website Content is offered as is for your information and personal use; it may not be downloaded, copied, reproduced, distributed, transmitted, exhibited, commercialized, licensed or in any other way exploited for whatever purpose without the prior written consent of Promon, to whom all rights related to the Website and its Content are reserved;

c) You agree not to violate, deactivate or in any other way interfere with security features (including analyzing or testing the vulnerability of any of the Website’s technical systems or networks) and/or the functioning of the Website or features that prevent or restrict its use, as well as any act that imposes limitations on the use of the Website or its Content;

d) You will observe the intellectual property rights, the rights of children and adolescents, commercial secrets or any other third-party rights available on the Website. Promon does not permit activities that violate rights on its Website and will remove any irregular content, when duly communicated that such content infringes the rights of third-parties.

 

2.4 Where Promon makes Contents available for download from the Website, such Contents may be used solely by You, for your exclusive, non-transferable use. This is merely for reference purposes and has no commercial connotation. Any reproduction, distribution, transmission, exhibition, licensing or any other form of transference, use or exploitation of the whole or part of these Contents is prohibited without the prior written consent of Promon.

 

2.5 Promon reserves the right to revoke or to restrict the access of any private individuals or organizations.

 

 

3. Restricted Area

 

3.1 Should You have authorization from Promon to access the restricted area of the Website, You should use the credentials supplied previously by Promon. The access credentials, including the user name and password, are personal and non-transferable.

 

3.2 Upon creating your credentials, you should supply correct and complete information, assuming responsibility for their veracity. These data will be used for your authentication upon accessing the Website and to protect your credentials from non-authorized access by other people.

 

3.3 You should maintain your password in a secure location because it is personal and non-transferable; you should not use the credentials of other users. You should communicate any possible security violation or non-authorized use of your credentials immediately to Promon because you will be held responsible for any acts committed using them until such communication to Promon.

 

3.4 Promon will cancel your access to the Website if You infringe this Term or any other legislation in force, or if You in any way demonstrate that you do not intend to or do not comply with this Term.

 

3.5 At its exclusive discretion and irrespective of prior communication,  Promon may cancel or suspend your credentials or restrict your access to determined information on the Website.

 

 

4. Privacy

 

4.1 In addition to the information provided by users for accreditation for the purpose of access to the restricted area, the Website may capture data relative to the access and use of the Website. Any such personal information and data captured will be used for the enhancement and maintenance of the Website and its Contents, as well as for verification of compliance with this Term.

 

4.2 You authorize Promon to use your personal and Website browsing information in the event of a requisition or order from a competent authority.

 

 

5. Responsibilities

 

5.1 You agree that use of the Website will be exclusively on your own account and risk. Promon, its executives, employees and representatives will have no responsibilities for any  direct or indirect losses or damages related to the use of the Website and/or the Content, including but not limited to those caused by any virus, malware or similar that may be transmitted via the Website, irrespective of Promon’s efforts to promote and enhance the security of the Website.

 

5.2 Promon does not guarantee that the Website and its Contents will always be available or free from defects, errors, inaccuracies, and does not assume responsibility for any direct or indirect loss or damage due to the use or the impossibility of using both.

 

5.3 Without limiting the generality of the conditions set forth above, You declare that you are aware and agree that (a) Promon does not control and will not have any responsibility for the use of any websites whose links may come to be posted on the Website, such use being on your own account and at your own risk; and (b) neither Promon nor the Website will be responsible for defamatory, offensive or illegal material or conduct by any third-parties who are using the Website and/or its Content.

 

5.4 You agree to defend, indemnify and exempt Promon, its controllers, associates, executives, professionals and third-parties from any judicial suit or administrative procedure aimed at obtaining satisfaction related to damage, obligations, losses, costs or debts (including but not limited to legal fees) arising from: (a) undue use or access to the Website and/or the Content; (b) violation of any clause in this Term; (c) violation of any third-party right, including but not limited to intellectual property or privacy rights; or (d) any allegation that some act practiced by You may have caused damage to third-parties. This obligation will subsist over this Term and over the use of the Website.

 

 

6. General provisions

 

6.1 Communications to Promon referred to in this Term or related to the Website should be addressed to the following email: faleconosco@promonengenharia.com.br.

 

6.2 This Term, in conjunction with any other documents published by Promon in this Website, constitute a contract between You and Promon for access to and use of this Website.

 

6.3 This Term and any rights and licenses granted in accordance with it may not be transferred or ceded by You but may be transferred or revoked by Promon, with no restrictions, except in relation to the information and data referred to in the chapter entitled “Privacy”.

 

6.4 You should periodically reread this Term published in the Website because Promon may modify it at any time, and You, upon accessing and/or using this Website will fully agree to comply with such modifications or revisions.

 

6.5 If any clause of this Term is considered invalid or without effect by a competent authority, the invalidity or ineffectiveness of such clause will not affect the validity or effectiveness of the remaining clauses, which will retain full validity for all intents and purposes.

 

6.6 Any waiver of the exercise of rights arising from this Term will not be considered novation or an additional or ongoing waiver of any other right, and the omission on the part of Promon to enforce any right or clause in this Term will not constitute a waiver or novation of such right or clause.

 

6.7 This Term and the relations existent between You and Promon will be governed by the laws of the Federative Republic of Brazil.

 

6.8 The jurisdiction of the São Paulo district court is elected to settle any doubts or disputes arising from this Term,  and the parties hereto renounce any other jurisdiction however competent it may be.

 

6.9 This Contract is available on the Promon Engenharia website and has been registered in the 1st Official Registration of Securities and Documents and Civil of Legal Persons of the Capital, under the number 3.468.912.